New York County ClerkClerks Index No. 103434/04 Albany County ClerkClerks Index No. 1967/04
Ulmirtvi Apprat vi tIr tatr vi Nm 1vrk
DANIEL HERNANDEZ and NEVIN COHEN LAuREN ABRAMABRAMS and DONNA Appellate Division FREEMAN-TWEED MICHAEL ELSASSER and DOUGLADOUGLAS ROBINSON MARY Jo First Department KENNEDY and Jo-ANN SHAIN and DANIEL REYEREYES and CURTICURTIS WOOLBRIGHT Docket Nos. 6598 6599 Plaintiffs-AppellantsPlaintiffs-Appellant
against
VICTOR L. ROBLEROBLES
in his official capacity as CITY CLERK of the City of New York
Defendant-Respondent.
SYLVIA SAMIJELSAMIJELS and DIANE GALLAGHER HEATHER MCDONNELL and Appellate Division CAROL SNYDER AMY TRIPI and JEANNE VITALE WADE NICHOLNICHOLS Third Department and HARING SHEN MICHAEL HAHN and PAuL MUIIONEN DANIEL J. Docket No. 98084 ODONNELL and JOHN BANTA CYNTHIA BINK and ANN PACHNER KATHLEEN TUGGLE and TONJA ALVIALVIS REGINA CICCHETTI and SUSAN ZIMMER ALICE J. MuNIz and ONEIDA GARCIA ELLEN DREHER and LAURA COLLINCOLLINS JOHN WESSEL and WILLIAM OCONNOR and MICHELLE CHERRY-SLACK and MONTEL CHERRY-SLACK
Plaintiffs-AppellantsPlaintiffs-Appellant
against
THE NEW YORK STATE DEPARTMENT OF HEALTH and THE STATE OF NEW YORK
Defendants-Respondents.
BRIEF OF AMICI CURIAE
NEW YORK COUNTY LAWYERLAWYERS ASSOCIATION
14 Vesey Street New York NY 10007 Tel 212-267-6646
NATIONAL BLACK JUSTICE COALITION 1725 Street NW Suite 300 Washington DC 20006 Tel 202-349-3755 OF COUNSEL
Ivan J. Dominguez Kathryn ShreeveShreeves Jean M. Swieca AttorneysAttorney for Amici Curiae
April 12 2006 Qhnxrt at AppraLa at the tatr at New l3ark
DANIEL HERNANDEZ and NEVIN COHEN Appellate Division LAUREN ABRAMABRAMS and DONNA FREEMAN- First Department TWEED MICHAEL ELSASSER and DOUGLASDOUGLASS Docket Nos. 6598 6599 ROBINSON MARY JO KENNEDY and JO-ANN New York County SHAIN and DANIEL REYEREYES and CURTICURTIS Index No. 103434/04 WOOLBRIGHT
Plaintiffs-AppellantsPlaintiffs-Appellant
against
VICTOR L. ROBLEROBLES in his official capacity as CITY
CLERK of the City of New York
Defendant-Respondent.
SYLVIA SAMUELSAMUELS and DIANE GALLAGHER Appellate Division
HEATHER McDONNELL and CAROL SNYDER Third Department AMY TRIPI and JEANNE VITALE WADE Docket No. 98084 MCHOLMCHOLS and HARING SHEN MICHAEL HAHN Albany County and PAUL MUHONEN DANIEL J. ODONNELL Index No. 1967/04 and JOHN BANTA CYNTHIA BINK and ANN PACHNER KATHLEEN TOGGLE and TONJA ALVIALVIS REGINA CICCHETTI and SUSAN ZIMMER
ALICE J. MUNIZ and ONEIDA GARCIA ELLEN DREHIER and LAURA COLLINCOLLINS JOHN WESSEL and WILLIAM OCONNOR and MICHELLE CHERRY-SLACK and MONTEL CHERRY-SLACK AMICI CURIAECURIAES STATEMENT Plaintiffs-AppellantsPlaintiffs-Appellant PURSUANT TO
against RULE 500.1c
THE NEW YORK STATE DEPARTMENT OF HEALTH and the STATE OF NEW YORK
Defendants-Respondents. The New York County LawyerLawyers Association is not-for-profit
corporation with membermembers organized under New York law. It has no parentparents
subsidiariesubsidiaries or affiliatesaffiliate except that its officerofficers comprise the membership of the
New York County LawyerLawyers Association Foundation which has no parentparents
subsidiariesubsidiaries or affiliates.
The National Black Justice Coalition is not-for-profit corporation with membermembers organized under New York law. It has no parentparents subsidiariesubsidiaries or
affiliates.
Dated New York New York
April 12 2006
Nonnan L. Reimer President
14 Vesey St. New York NY 10007 212 267-6646
NATIONAL BLACK JUSTICE COAL1TION H. Alexander Robinson Executive Director/CEO
Washington National Office 1725 Street NW Suite 300 Washington DC 20006 202 349-3756
11 TABLE OF CONTENTSCONTENT
PAGE
TABLE OF AUTHORITIEAUTHORITIES
ADDENDUM xi
STATEMENT OF INTEREST OF AMICI
A. The New York County LawyerLawyers Association
B. The National Black Justice Coalition
PRELIMINARY STATEMENT
ARGUMENT
I. RESPONDENTRESPONDENTS ARGUMENTARGUMENTS ATTEMPTING TO CIRCUMSCRIBE THE FUNDAMENTAL RIGHT TO MARRY DO NOT WITHSTAND SCRUTINY
A. Contemporary Popular Opinion Cannot Define The Fundamental Right To Be Free From Unwarranted Governmental Intrusion
1. Fundamental RightRights Should Not Be Defined Narrowly to
Incorporate the Challenged Governmental Restriction
2. RespondentRespondents FocuFocus on the Historical Recognition of the Right to Marry Is Overly Narrow 15
3. The Prevalence of Existing LawLaws is Irrelevant 20
B. RespondentRespondents Applied Equally Argument DoeDoes Not Support The ProhibitionProhibitions On Marriage Between IndividualIndividuals Of The Same Sex 22
II. HISTORICAL BACKGROUND 25
A. Interracial Marriage Was Prohibited In ThiThis Nation For More
Than 300 yearyears 26
111 PAGE
B. Marriage ProhibitionProhibitions Extended To NumerouNumerous Racial GroupGroups 31
C. Anti-Miscegenation LawLaws Enjoyed Vast Popular Support 35
CONCLUSION 36
iv TABLE OF AUTHORITIEAUTHORITIES
PAGEPAGES
CASECASES
BowerBowers Hardwick 478 Us 186 20
Brause Bureau of Vital StatisticsStatistic No. 3AN-95-6562 CI 1998 WL 88743 Super Ct Feb. 27 1998
affd sub nom Brause Alaska Dept. ofHealth Soc. Servs. 21 P3d 357 2001 17
Britell Jorgensen In re Takahashi Estate 113 Mont 490 129 P2d 217 18
Dodson ArkansaArkansas 61 Ark 5731 SW 977 2934
Doe Coughlin
71 NY2d 48 cert. denied488 US 879 14
Green Alabama 58 Ala 190 23 30 34
Griswold Connecticut 381U5479
Henkle Paquet In re PaquetPaquets Estate 101 0r393200P911 2024
Hernandez RobleRobles Misc 3d 459 Ct NY County revd
26 AD3d 98 Dept 2005 passim
Indiana Qibson 36 md 389 30 34
Jackson City Cty of Denver 109 Cob 196 124 P2d 240 24 PAGEPAGES
Kentucky Wasson 842 SW2d 487 1992 11
Kinney Virginia 71 Va 858 2934
Kirby Kirby 24 Ariz 206 405 20-21
Lawrence TexaTexas 539 Us 558 12 20
Lee Giraudo In re MonkMonks Estate
48 Cal App 2d 603 120 P2d 167 App 1941 appeal dismissed 317 US 590 21
Levin Yeshiva Univ. 96 NY2d 484 14
LonaLonas Tennessee
SOTenn 287 passim
Loving Virginia 388 US passim
Mary of Oakknoll Coughlin 101 AD2d 931 Dept 1984 14-15
McLaughlin Florida 379 US 184 25
Meyer Nebraska 262 US 390 12
Missouri Jackson
8OMo 175 passim
Naim Naim 197 Va 80 87 SE2d 749 vacated and remanded 350 US 891
adhered to 197 Va 734 90 SE2d 849 32-3334
vi PAGEPAGES
People HarriHarris 77NY2d434 11
People Onofre 51 NY2d 476 cert denied 451 US 987 10
People Shepard 50 NY2d 640 14
Perez Lippold 32 Cal 2d 711 198 P2d 17 passim
Pierce Society of SisterSisters ofHoly NameNames of JesuJesus Mary 268 US 510 12
Planned Parenthood Casey of Southeastern Pa. 505 US 833 passim
SamuelSamuels New York St. Dept. of Health
AD3d 2006 NY Slip op 01213 Dept 2006 18
Scott Georgia 39 Ga 321 30 34
Skinner Oklahoma ex rel. Williamson 316 US 535 12
Turner Safley 482U5 78 12
Zablocki Red/tail 434 US 374 12 13-14
STATUTESTATUTES OTHER AUTHORITIEAUTHORITIES
49CongRecSO2 11 1912 30
NY Const
Preamble 10-11 artI6 10 artI11 10
vii PAGEPAGES 1862 Or. LawLaws 63-102.31 1866 Or. LawLaws 23-1010 31
Charlotte Astor
Gallup Poll ProgresProgress in Black/White RelationRelations But Race is Still
an Issue cusinfo. state.gov/journals/itsv/0897/ij se/gallup .htm
accessed April 2006 21
David H. Fowler
Northern AttitudeAttitudes Toward Interracial Marriage Legislation Public Opinion in the Middle Atlantic the StatesState of the Old Northwest 1780- 1930 27
Leslie M. HarriHarris
In the Shadow of Slavery African American in New York City 1626- 1863 28
Henry HugheHughes Treatise on Sociology Theoretical Practical 27
Randall Kennedy
Interracial IntimacieIntimacies Sex Marriage Identity Adoption 32
NicholaNicholas D. Kristof
Marriage Mix and Match NY TimeTimes Mar. 2004 at A23 35
Rachel F. Moran
Interracial Intimacy The Regulation of Race Romance passim
Denise C. Morgan Jack JohnsonReluctant Hero of the Black Community 32 AkronLRev 529 30
Note Litigating the Defense of MarriageAct The Next Battleground for Same-Sex Marriage 117 Han Rev 2684 17
Peggy Pascoe
Miscegenation Law Court CaseCases IdeologieIdeologies of Race in Twentieth Century America in Interracialism Black-White Intermarriage in American History Literature Law SollorSollors ed. 2000 31
viii PAGEPAGES
Peggy Pascoe
Why the Ugly Rhetoric Against Gay Marriage is Familiar to ThiThis Historian of Miscegenation hnn .us/articles/4708 .html
accessed April 2006 19
CharleCharles Frank Robinson II
DangerouDangerous LiaisonLiaisons Sex Love in the Segregated South 27 30
Judy Sheppard Alabama VoterVoters May Bury Interracial Marriage Ban It Hasn Had
Legal Force For DecadeDecades Atlanta Const. Sept. 26 2000 at 1A 35
Leti Volpp
American Mestizo FilipinoFilipinos Anti-Miscegenation LawLaws in Cal fornia in Mixed Race America the Law Reader R. Johnson ed. 2003 32
Peter Wallenstein
Tell the Court Love My Wife Race Marriage LawAn American
History 26 33
Carter G. Woodson
The BeginningBeginnings of Miscegenation of the WhiteWhites and BlackBlacks in
Interracialism Black- White Intennarriage in American History Literature Law SollorSollors ed. 2000 26-27
Encyclopedia of African-American Culture History Miscegenation
Intermarriage as reproduced in History Resource Center by Gale Group 28
Encyclopedia of the United StateStates in the Nineteenth Century Miscegenation
as reproduced in History Resource Center by Gale Group 28
KansaKansas St Hist Socy web site www.kshs.org/publicat1history/1999
winter_sheridan.htm accessed April 2006 33
John Mercer Langston Bar Assn web site www.jmlba.org/JMtBio.htm
accessed April 2006 33
TheFreeDictionary.com Miscegenation www.encyclopedia. thefreedictionary.com/miscegenation accessed April 2006 35
ix PAGEPAGES
The Miscegenation Hoax www.museumothoaxes.com/miscegenation.
html accessed April 2006 28 ADDENDUM
TAB
ExcerptExcerpts from Peter Wallenstein Tell the Court Love My Wife Race
Marriage LawAn American History
ExcerptExcerpts from Rachel F. Moran Interracial Intimacy The Regulation of Race Romance
ExcerptExcerpts from Carter G. Woodson The BeginningBeginnings of Miscegenation of the WhiteWhites and BlackBlacks in Interracialism Black-White Intermarriage in American History Literature Law SollorSollors ed. 2000
ExcerptExcerpts from CharleCharles Frank Robinson II DangerouDangerous LiaisonLiaisons Sex Love in the Segregated Soutk.
ExcerptExcerpts from David H. Fowler Northern AttitudeAttitudes Toward Interracial
Marriage Legislation Public Opinion in the Middle Atlantic the StateStates of the Old Northwest 780-1930
ExcerptExcerpts from Henry HugheHughes Treatise on Sociology Theoretical Practical
ExcerptExcerpts from Encyclopedia of the United StateStates in the Nineteenth Century
Miscegenation as reproduced in History Resource Center by Gale Group
ExcerptExcerpts from Encyclopedia of African-American Culture History
Miscegenation Intermarriage as reproduced in History Resource Center by Gale Group
ExcerptExcerpts from Leslie M. HarriHarris In the Shadow of Slavery African American in New York City 626-1863
ExcerptExcerpts from Peggy Pascoe Miscegenation Law Court CaseCases IdeologieIdeologies of Race in Twentieth Century America in Interracialism Black-White Intermarriage in American History Literature Law SollorSollors ed.2000
xi TAB
ExcerptExcerpts from Leti Volpp American Mestizo FilipinoFilipinos Anti-
Miscegenation LawLaws in California in Mixed Race America the Law Reader R. Johnson ed. 2003
ExcerptExcerpts from Randall Kennedy Interracial IntimacieIntimacies Sex Marriage
Identity Adoption
xii Amici Curiae the New York County LawyerLawyers Association
NYCLA and the National Black Justice Coalition NBJC submit thithis brief
in support of AppellantAppellants appealappeals from the February 16 2006 Opinion and
Order of the Appellate Division Third Department in Samueluels New York State
Department of Health L_ AD3d 2006 NY Slip Op 01213 Dept 2006
affirming the motion court decision there and ii the December 2005 Decision
and Order of the Appellate Division First Department reversing the motion
courtcourts decision in Hernandez RobleRobles Misc 3d 459 Ct NY County
revd 26 AD3d 98 Dept 2005.1 The rulingrulings by the Third and First
DepartmentDepartments held that New YorkYorks Constitution doedoes not protect same-sex partnerpartners
from the denial of the rightrights privilegeprivileges and benefitbenefits of civil marriage that New
York statutestatutes grant to couplecouples of opposite sexes. For the reasonreasons set forth herein
and in the Record thedecision decisions of the First and Third DepartmentDepartments of the
Appellate Division below should be reversed.
STATEMENT OF INTEREST OF MICI
A. The New York CountyLawyer Lawyers Association
NYCLA is New York not-for-profit corporation with approximately
8500 attorneyattorneys practicing primarily in New York County founded and operating
Plaintiffs-AppellantsPlaintiffs-Appellant in Hernandez and SamuelSamuels are referred to throughout thithis brief as Appellants. Defendants-RespondentsDefendants-Respondent in Hernandez and SamuelSamuels are referred to throughout thithis brief as Respondents. specifically for charitable and educational purposes. NYCLANYCLAs certificate of
incorporation specifically provideprovides that it is to seek reform in the law and do what
is in the public interest and for the public good.
When NYCLA was founded it was the first major bar association in
the United StateStates of America that admitted membermembers without regard to race
ethnicity religion or gender. Since its formation in 1908 NYCLA has played
leading role in the fight against discrimination under local state and federal law.
Although variouvarious factorfactors inspired NYCLANYCLAs creation none was as strong as its
rejection of the selective membership that other barassociation associations employed to
deny large groupgroups of lawyerlawyers the opportunity to participate in bar association
activities. Throughout its history NYCLANYCLAs bedrock principle has been the
inclusion of all membermembers of the bar who wish to join in an association of lawyerlawyers
who seek to advance the publicpublics interest and the professionprofessions integrity.
Consistent with its opposition to discrimination in the legal
profession in 1943 NYCLA refused to renew its affiliation with the American Bar
Association because it would not admit African-American lawyers. In addition
NYCLANYCLAs WomenWomens RightRights Committee challenged and helped change provisionprovisions of
the Internal Revenue Code that had discriminatory impact on women and married
couples. Consistently fighting to ensure equal accesaccess to justice for all in 1989
when indigent defendantdefendants could npt secure representation NYCLA attorneyattorneys stepped up and volunteered pro bono. In 1997 NYCLANYCLAs proposal to increase feefees
for Article 18b attorneyattorneys to improve the quality of defense afforded to indigent
defendantdefendants won the endorsement of barassociation associations acrosacross the state. lawsuit
filed in 2000 helped obtain increased compensation for these attorneys. And in
December 2003 the NYCLA Board of DirectorDirectors adopted resolution endorsing
full equal civil marriage rightrights for same-sex couples.
NYCLANYCLAs endorsement of equal civil marriage rightrights for same-sex
couplecouples grew out of its concern that an entire clasclass of New York couplecouples and their
familiefamilies lack the protectionprotections afforded to familiefamilies led by heterosexual couples. To
ensure that all rightrights benefitbenefits and responsibilitieresponsibilities attendant to civil marriage are
available to same-sex couplecouples in New York NYCLA submitsubmits that it is both
necessary and appropriate to extend civil marriage rightrights to same-sex couplecouples
without diluting these rightrights through piecemeal legislation or the ambiguouambiguous civil
union or domestic partnership. In the absence of state-recognized marriage
rightrights same-sex couplecouples are relegated to second-classecond-class citizenship when they are
denied the equal rightrights that are available to heterosexual couplecouples and their families.
B. The National Black Justice Coalition
NBJC is New York not-for-profit corporation. It is civil rightrights organization of black lesbian gay bisexual and transgender people and allieallies
dedicated to fostering equality. NBJC has more than 3000 membersmember nationwide and advocateadvocates for social justice by educating and mobilizing opinion leadersleader
including elected officialsofficial clergy and media with focufocus on black communities.
Black communitiecommunities have historically suffered from discrimination and have turned
to the courtscourt for redress. With thithis appeal we turn to the courtscourt again. ThisThi appeal
presentpresents issueissues with significant implicationimplications for the civil rightrights of black lesbianlesbians
and gay men inthi this State whether they will receive equal treatment under the law
and the legal recognition and protectionprotections of marriage for their relationshipsrelationship and
families. envisionenvisions world where NBJC all people are frilly empowered to
participate safely openly and honestly in family faith and community regardlesregardless
of race gender-identity or sexual orientation.
PRELIMINARY STATEMENT
ThiThis Nation has social history of discrimination that was once
commonplace acceptable and indeed sanctioned by law but which is
resoundingly rejected in law today. Unfortunately other typetypes of discrimination
continue both socially and under sanction of law such as that in issue now before
thithis Court the prohibition against civil marriage between same-sex couples. The
current prohibition against marriage between same-sex individualindividuals is rationalized
the civil on notion of its longstanding history. The opponentopponents of equal marriage
rightrights for same-sex couplecouples buttresbuttress that rationale with the additional argument that
the sex-based ban is really not discrimination because it discriminatediscriminates equally in the sense that men can only marry women and women can only marry men
any discrimination is equal therefore there is no discrimination. Although
that sound byte possessepossesses rhetorical symmetry it lacklacks substance as an analytical
matter of constitutional jurisprudence.
For centuriecenturies these same rationalizationsrationalization were used to justi the
prohibition against interracial marriagea prohibition that no one today defenddefends as
even arguably constitutional. Ainici submit that current analysianalysis of the restrictionrestrictions
the for on right to marry same-sex couplecouples is richly informed and illuminated by
considering our NationNations history of discriminating against racially different
couples. At the core of both prohibitionprohibitions lielies the violation of an individualindividuals right
to marry.2 The history of racial discrimination in marriage lawlaws was discussed in
the February 2005 motion court decision below in Hernandez Misc 3d 459
which rejected New YorkYorks prohibition on marriage between same-sex partnerpartners as unconstitutional under New YorkYorks Constitution
An instructive lesson can be learned from the history of
the anti-miscegenation lawlaws and the court decisionsdecision
which struck them down as unconstitutional. The
challengechallenges to lawlaws banning whitewhites and non-whitenon-whites from
marriage demonstrate that the fundamental right to marry the person of oneones choice may not be denied based on longstanding and deeply held traditional beliefsbelief about
appropriate marital partners. .. United StateStates
Amici recognize that the long history of racial discrimination in thisthi country extended well beyond restrictionrestrictions on marriage rights. Supreme Court was not deterred by the deep historical
rootroots of anti-miscegenation lawlaws Virginia 388
US 10 their continued prevalence at
nor any continued popular opposition to interracial marriage. at 7. Instead the Court held that
our Constitution the freedom to marry or not marry person of another race resideresides with the
individual and cannot be infringed by the State
declaring that marriage is one of the basic civil rightrights
of man fundamental to our very existence and survival. at 12 quoting Skinner Oklahoma ex rel. Williamson 316 US 535 541
Id. at 461-462.
ThiThis brief provideprovides an analysianalysis of judicial opinionopinions that ultimately
recognized the prohibition as an unconstitutional violation of an individualindividuals
fundamental right to marry and historical background of the prohibition on
interracial marriage in the United States. Viewed against thithis background the
prohibition on civil marriage between same-sex couplecouples must be recognized as
unconstitutional. Amici request thithis Court to reverse the decisionsdecision of the First and
Third DepartmentDepartments of the Appellate Division.
ARGUMENT
I. RESPONDENTRESPONDENTS ARGUMENTARGUMENTS ATTEMPTING TO CIRCUMSCRIBE THE FUNDAMENTAL RIGHT TO MARRY DO NOT WITHSTAND SCRUTINY
The decisiondecisions of the First and Third DepartmentDepartments of the Appellate
Division below should be reversed. In determining whether New YorkYorks prohibition on marriagemarriages between individualindividuals of the same sex violateviolates the New
York State Constitution thithis Court should consider the historical background of
laws law that have unconstitutionally interfered with the right to marry. RespondentRespondents
that the argue government has the power to deny same-sex couplecouples the right to
enter into civil marriagemarriages by defining the right too narrowly and by suggesting that
the recognition of that right must somehow become more popular before it is
accepted. Yet the RespondentRespondents have never pointed to any provision of thithis StateStates
Constitution by which the citizencitizens of New York ever expressly surrendered the
right and freedom to be chosen as marriage partner by person of any religion
race or sex.
Taking cue from the reasoning employed by the opponentopponents of
interracial marriage before Loving RespondentRespondents also suggest that denying same-
sex couplecouples the right to enter into civil marriage is not discriminatory because it is
equally applied. ThiThis Court should reject those narrow and misleading
arguments.
A. Contemporary Popular Opinion DoeDoes Not Define The Fundamental Right To Be Free From Unwarranted Governmental Intrusion
All thithis that the partieparties to case agree right to marry is
constitutionally protected fundamental right. The reason that individualindividuals have
fundamental right to be free from unwarranted governmental intrusion in decisiondecisions involving marriage is because the decision to marry is fundamentally personal and
private in nature. See Griswoldv Connecticut 381 US 479 486 We deal
with right of privacy older than the Bill of Rights. Marriage is among those
mattermatters involving the most intimate and personal choicechoices person may make in
lifetime choicechoices central to personal dignity and autonomy are central to
the liberty protected by the Fourteenth Amendment. Planned Parenthood
Casey of Southeastern Pa. 505 US 833 851
Although the partieparties agree that there is fundamental right to marry
they disagree about the scope of thithis right. AppellantAppellants and Amici view the right as
the right of one individual to enter into marriage with another individual of his or
her choice. RespondentRespondents argue that the right at issue is limited to the right to enter
into marriage with member of the opposite sex. RespondentRespondents claim that
AppellantAppellants are seeking new right to same-sex marriage that has never before
existed. ThiThis narrow interpretation of the right to marry findfinds no support in
constitutional jurisprudence and is inconsistent with decisiondecisions striking down anti
miscegenation statutes.
RespondentRespondents advance three overlapping argumentarguments inthi this area to
restrict AppellantAppellants rightrights in these cases. First they claim that courtcourts should
alwayalways define fundamental rightrights as narrowly as possible. Second they claim that
right is fundamental only if and to the extent that it has been exercised and protected throughout our nationnations history. Third RespondentRespondents essentially claim
that right is fundamental if and only if its exercise is generally accepted in our
society. For almost century these three argumentarguments have been hurled at those
who seek to free our society from traditional or historical discrimination that
has become so ingrained in the mindminds of some people that it findfinds expression in our
legal system. Amici respond to each point in turn.
1. Fundamental RightRights Should Not Be Defined Narrowly to Incorporate the Challenged Governmental Restriction
RespondentRespondents argue that flmdamental right must be defined narrowly.
They frame the issue inthi this case as whether there is fundamental right to same-
sex marriage. The narrow the right view contradictcontradicts traditional constitutional
law analysianalysis and particularly the analysianalysis employed in casecases involving anti-
miscegenation statutes.
ChallengeChallenges to claimed violationsviolation of fundamental rightrights require two-
step analysianalysis DoeDoes the statute at issue restrict or burden the exercise of
fundamental right If so is the restriction or burden narrowly tailored to serve
interest compelling government See e.g. Hernandez Misc 3d at 479-480
Zablocki Redhail 434 US 374 388 RespondentRespondents seem to mismiss the point
that it is the restriction rather than the right that must be narrowed.
The New York Constitution doedoes not contain any of the constraintsconstraint
urged by the RespondentRespondents to narrow the liberty of New York citizens. Article 11 of the New York State Constitution provideprovides in pertinent part that
person shall be denied the equal protection of the lawlaws of thithis state or any
subdivision thereof NY Const art 11. And Article of the New York
State Constitution provideprovides in pertinent part that person shall be deprived of
life liberty or property without due procesprocess of law. NY Const art 6.
The right to liberty necessarily includeincludes the right to be free from
unjustified government interference in oneones privacy. See People Onofre 51
NY2d 476 486-489 cert denied 451 US 987 ThuThus the analysianalysis of
AppellantAppellants due procesprocess claim beginbegins with the question whether the right to
marriage is fundamental right entitled to due procesprocess protection both as general
liberty right and as specific privacy right. Ainici submit that it is both. Here
RespondentRespondents try to avoid thithis analytical framework by incorporating the challenged
form of bigotry itself into the definition of the right. ThiThis technique of creative definition was also employed by the opponentopponents of interracial marriage until its
fallacy was exposed nearly forty yearyears ago.
Furthermore RespondentRespondents argument should wither here given that the whole purpose of the New York State Constitution is to secure peoplepeoples freedom. Indeed the Preamble of the New York State Constitution proclaimproclaims
the People of the State of New York grateful to
Almighty God for our in order to secure its
blessingblessings do establish thithis Constitution.
10 NY Const Preamble. The State is not the source of our freedom rather the
State is nothing more than bulwark to secure that freedom. And to quote the
1992 Supreme Court of Kentucky decision in Kentucky Wasson 842 SW2d 487
1992 which struck down KentuckyKentuckys anti-sodomy lawlaws
the nature the purpose the promise of our Constitution and its institution of government charged
as the conservator of individual freedom suggest that
the appropriate question is not comecomes the right
to privacy but rather comecomes the right to deny it
Id. at 503 J.concurring.
ThiThis Court doedoes not flinch from its responsibility to uphold our statestates
Constitutional protectionprotections when individual libertieliberties and fundamental rightrights are at
issue. See People HarriHarris 77 NY2d 434 437-438 Our federalist system
of government necessarilyprovide provides double source of protection and State courtcourts
when asked to do so are bound to apply their own ConstitutionConstitutions notwithstanding
the holdingsholding of the United StateStates Supreme Court. Sufficient reasonreasons appearing
State court may adopt different construction of similar State provision
unconstrained by contrary Supreme Court interpretation of the Federal
counterpart omitted.
review of casecases in which the U.S. Supreme Court has found
in the government intrusion on fundamental rightrights violation of Fourteenth
AmendmentAmendments Due ProcesProcess Clause revealreveals that in determining the existence of
11 fundamental right the Court considerconsiders the nature of the right at issue rather than
some very specific governmental restriction being challenged. For example in
Meyer Nebraska 262 US 390 40 1-403 and in Pierce Society of SisterSisters
of Holy NameNames of JesuJesus Mary 268 US 510 534-535 the Court
considered whether parentparents had right to be free from unwarranted governmental
intrusion in decisiondecisions about how to educate their children. The Court did not frame
the issue as whether there was fundamental right for children to learn the German
language or whether there was fundamental right to attend private school. In
Skinner 316 US at 541 the Court considered whether there was fundamental
right to be free from unwarranted govermnental intrusion in decisiondecisions about
whether to have offspring not whether convicted criminal had the fundamental
right to bear children. In Zablocki 434 US at 384-385 388 and Turner Safley
482 US 78 95-96 the Court considered whether there was fundamental right to be free from unwarranted governmental intrusion in decisiondecisions to marry not
whether deadbeatdad dads or prison inmateinmates in particular had specific right to marry.
Most recently in Lawrence TexaTexas 539 US 558 578 the Court
considered whether there is fundamental right to be free from unwarranted
governmental intrusion into mattermatters of private consensual sexual conduct not
whether there is specific right to engage in homosexual sodomy. The very notion
of fundamental rightrights reserved to all people naturally flowflows from the nature Qf
12 written constitution that definedefines the limited power of the State. That notion reflectreflects
the view that people are beingbeings possessed of personal dignity human worth and
individual autonomy. StateStates exist to preserve that dignity worth and autonomy.
ThiThis statestates and thithis nationnations constitutional historiehistories are clear inthi this regard -- statestates
have only the powerpowers conferred upon them by the people not the other way
around. Only totalitarian regimeregimes view themselvethemselves as dispensing rightrights to people
at the whim of transitory majority or the favor of particular faction.
The U.S. Supreme CourtCourts rejection of anti-miscegenation statutestatutes
exposeexposes the fallacy of RespondentRespondents argument inthi this case. In Loving 388 US at
the did 12 Supreme Court not ask whether there was specific right to enter into
an interracial marriage. Instead the Court asked whether there was fundamental
right to be free from unwarranted governmental interference in decisiondecisions regarding
marriage. After answering that question affirmatively the Court considered
whether the prohibition on interracial marriage was narrowly tailored to serve
compelling state interest and of course concluded it was not.
Significantly the Supreme Court has since emphasized the broad
basibasis of its decision in Loving. The Court has explained that its decision in Loving
could have rested solely on the ground that the statutestatutes discriminated on the basisbasi
of race in violation of the Equal Protection Clause. .. But the Court went on to
hold that the lawlaws arbitrarily deprived the couple of fundamental liberty protected
13 by the Due ProcesProcess Clause the freedom to marry. Zablocki 434 US at 383
omitted. The California Supreme Court took similarly broad
perspective when it struck down an anti-miscegenation statute almost twenty yearyears
before Loving. Justice Traynor wrote
is fundamental right of free men. There
can be no prohibition of marriage except for an important social objective and by reasonable means. Since the
right to marry is the right to join in marriage with the
person of oneones choice statute that prohibitprohibits an individual from marrying member of race other than
his own restrictrestricts the scope of his choice and thereby
restrictrestricts his right to marry.
Perez vLzppold 32 Cal 2d 711715 198 P2d 17 19
And there is substantial New York Court of AppealAppeals precedent
the breadth of speaking to the fundamental right to many under New York Law.
As the motion court explained in the decision below
New York courtcourts have analyzed the liberty interest at issue in termterms that recognize and embrace the broader
principleprinciples at stake. Indeed as the Court of AppealAppeals
has consistently made clear thedecision decisions
protected by the right to privacy are those relating to marriage. Coughlin 71 NY2d 48 52
cert. denied 488 US 879 see also
Shepard 50 NY2d 640 644 noting courtscourt
willingneswillingness to strike down State legislation which
invaded the zone of privacy surrounding the marriage relationship omitted Yeshiva Univ. 96 NY2d 484 500 Smith J. concurring
is fundamental constitutional right of Oakknoll Coughlin 101 AD2d 931 932
14 Dept 1984 right to marry is one of fundamental dimension.
Misc 3d at 477-478.
In its March 13 2006 amicuamicus brief to thithis Court at 21 26 the New
York State Catholic Conference citecites Justice ScaliaScalias dissent in Casey 505 US at
980 asserting that the Equal Protection clause of the Federal Constitution
explicitly established racial equality as constitutional value. The Catholic
Conference doesdoe so to support its effort to take the anti-miscegenation lawlaws
out of the of fundamental entirely context right to marry analysis.
Furthermore as set forth in PointPoints II.A. II.B. below after its ratification and until Loving many courtcourts rejected claimsclaim that the Fourteenth Amendment
prohibited interracial marriage. Ultimately just as Perez and Loving prohibited
discriminatory viewviews about proper marriage partnerpartners from interfering with
individualindividuals fundamental right to marry their loved one so too must discriminatory
viewviews about the sex of marital partnerpartners be prohibited from interfering with what is
being sought here affirmation of the fundamental right of free individualsindividual to
marry.
2. RespondentRespondents FocuFocus on the Historical Recognition of the Right to Marry Is Overly Narrow
that the be RespondentRespondents argue right to marry must narrowly viewed to
include only opposite-sex marriagemarriages because fundamental rightrights are deeply
15 grounded in our nationnations history. The First DepartmentDepartments majority opinion in
Hernandez appearappears to make that assertion by pointing to decisional law in another
jurisdiction not considering New YorkYorks Constitution reciting that same-sex
marriagemarriages are neither deeply rooted in the legal and social history of our Nation or
state nor are they implicit in the concept of ordered liberty. 26 AD3d at 107
omitted. Of course interracial marriage too was not deeply rooted in
the legal and social history of our Nation. Indeed only its prohibition was deeply
rooted in that history. In substance the argument is contrary to constitutional
jurisprudence and decisiondecisions striking down anti-miscegenation statutestatutes because
deeply rooted bigotry can never justify contemporary discrimination.
While the determination of fundamental right looklooks to history and
the ordered concept of liberty RespondentRespondents can cite no New York case that
requirerequires tying the definition of fundamental right to the statestates traditional
definition thereof Indeed it is hard to imagine that any form of discrimination can
be styled as permissible merely because it has been traditionally pervasive. The
United StateStates Supreme Court has never held that it will solely rely on history when
evaluating constraint on fundamental rights. In Casey the Supreme Court stated
view would be inconsistent with our law. It is
promise of the Constitution that there is realm of
personal liberty which the government may not enter.
We have vindicated thithis principle before. Marriage is
mentioned nowhere in the Bill of RightRights and interracial
marriage was illegal in most StateStates in the 19th century
16 but the Court was no doubt correct in finding it to be an
aspect of liberty protected against state interference by the substantive component of the Due ProcesProcess Clause.
505 US at 847-848.
ThuThus the Supreme CourtCourts analysianalysis of fundamental rightrights is grounded
in our NationNations historical tradition of protecting uniquely personal and intimate
decisiondecisions from unjustified government intrusion not in the history of some specific
act or decision. If the question whether particular act or choice is protected as
fundamental right were answered only with reference to the past liberty would be
prisoner of history. Note Litigating the Defense of Marriage Act The Next
Battleground for Same-SexMarriage 117 Han Rev 2684 2689
Clearly the right to choose oneones life partner is
quintessentially the kind of decision which our culture
recognizerecognizes as personal and important... The relevant
question is not whether same-sex marriage is so rooted in
our traditiontraditions that it is fundamental right but whether
the freedom to choose oneones own life partner is so rooted in our traditions.
Brause Bureau of Vital StatisticsStatistic No. 3AN-95-6562 CI 1998 WL 88743
Super Ct Feb. 27 1998 affd sub nom Brause Alaska Dept of Health
Soc. Servs. 21 P3d 357 2001.
The history of lawlaws prohibiting interracial marriagemarriages exposeexposes the
fallacy of the RespondentRespondents argument It was once argued that there is no
fundamental right to marrysomeone of different race because such marriagemarriages had
17 long history of being prohibited. See e.g. LonaLonas Tennessee 50 Tenn 287 293-
95 Britell Jorgensen In re TakahashiTakahashis Estate 113 Mont 490 493-494
129 P2d 217 219 Perez 32 Cal 2d at 747 198 P2d at 38 J.
dissenting arguing that the prohibition of interracial marriage had long history
and twenty-nine statestates continued to have such laws. Now seeming to ignore thithis
very history and basibasis for Loving the Third Department wrongly declared that the
law in Loving did not seek to redefine the historical understanding of
marriage. SamuelSamuels 2006 NY Slip Op 01213 8. Indeed in 1948 when the
California Supreme Court struck down CaliforniaCalifornias anti-miscegenation statute
Justice Carter acknowledged that freedom to marry the person of oneones
choice has not alwayalways existed but nonethelesnonetheless concluded that the right was
fundamental and that anti-miscegenation statutestatutes impermissibly violated that
right.3 Perez 32 Cal 2d at 734-735 198 P2d at 31 J. concurring.
In Loving the Supreme Court recognized an individualindividuals fundamental
right to be free from governmental intrusion in marriage because the Constitution
requiresrequire it regardlesregardless of whether the common law permitted it. 388 US at 12.
As the motion court below in Hernandez set forth in ruling the prohibition of marriage for same-sex couplecouples to be unconstitutional The challengechallenges to lawlaws banning whitewhites and non-whitenon-whites from marriage demonstrate that the fundamental right to marry the person of oneones choice may not be denied based on longstanding and deeply held traditional beliefsbelief about appropriate marital partners. Misc 3d at 461.
18 Likewise in Perez the California Supreme Court recognized each individualindividuals
fundamental right to join in marriage with the person of oneones choice despite the
many historicalrestriction restrictions imposed upon the exercise of that right. 32 Cal 2d at
717 198 P2d at 21.
Until 1967 thithis Nation had long and deep-seated history of
disapproving of interracial marriagemarriages and the statestates expressed that disapproval
through statutory prohibitionsprohibition against miscegenation. The statutestatutes were routinely
defended as having been in effect inthi this country since before our national
independence. Perez 32 Cal 2d at 742 198 P2d at 35 J. dissenting.
Indeed anti-miscegenation lawlaws were the most deeply embedded form of legal race discrimination in our nationnations historylasting over three centuries. Peggy
Pascoe Why the Ugly Rhetoric Against Gay Marriage is Familiar to ThiThis
Historian of Miscegenation hnn.us/articles/4708.html accessed
April 12 2006. Accordingly the assertion by the First Department Hernandez
26 AD3d at 107 that the motion court redefine traditional marriage and
therefore usurped the LegislatureLegislatures mandated role to make policy decision as to which type of family unit workworks best for society is predicated upon narrow and
erroneouerroneous characterization of the fundamental right to marry right so
powerfully important that it trumped definition of marriage exclusive of
19 interracial heterosexual marriage that itself was deeply rooted in the legal and
social history of thithis nation.
3. The Prevalence of Existing LawLaws Is Irrelevant
RespondentRespondents also suggest that there is no right to marry someone of
the same sex because prohibitionprohibitions on such marriagemarriages are still nearly universal in
the United States. According to thithis theory anti-miscegenation statutestatutes should
have remained constitutional as long as they remained prevalent. Such an argument
is both historically and legally wrong.
As an initial matter the sheer prevalence of law doedoes not determine
its constitutionality. For example Lawrence 539 US at 577-578 quoted from
Justice StevensStevenss dissent in BowerBowers Hardwick 478 US 186 216 -- the
fact that the governing majority in State has traditionally viewed particular
practice as immoral is not sufficient reason for upholding law prohibiting the
practice.
Moreover disapproval of interracial marriage was also once
commonplace. When anti-miscegenation statutestatutes were challenged statestates relied upon their prevalence and acceptance to defend them. E.g. Henkle Paquet In re
PaquetPaquets Estate 101 Or 393 399 200 911 913 miscegenation statutestatutes
have been universally upheld as proper exercise of the power of each state to control its own citizencitizens omitted Kirby Kirby 24 Ariz 11 206
20 405 406 Lee Giraudo In re MonkMonks Estate 48 Cal App 2d 603 612
120 P2d 167 173 App 1941 appeal dismissed 317 US 590
ProhibitionProhibitions on interracial marriage remained commonplace at the time those
prohibitionprohibitions were invalidated. As set forth below when the California Supreme
Court struck down an anti-miscegenation statute in 1948 thirty statestates had similar
statutes. And when the Supreme Court struck down anti-miscegenation statutestatutes in
Loving sixteen statestates still had similar statutestatutes and 75 percent of white AmericanAmericans
still opposed interracial marriage. See Charlotte Astor Gallup Poll ProgresProgress in
Black/White RelationRelations But Race is Still an Issue
usinfo state. gov/j ournals/itsv/0 97/ij se/gallup.htm accessed April 12
2006.
More importantly prohibitionprohibitions on interracial marriage did not become
unconstitutional because they were found in fewer statestates the lawlaws were alwayalways
contrary to constitutional principles. Perez 32 Cal 2d at 736 198 P2d at 32
J. concurring the statutestatutes now before us never were constitutional.
The fact that only sixteen statestates had such lawlaws in 1967 may have made the
Supreme CourtCourts decision in Loving lesless controversial but the CourtCourts long
overdue decision was not based on the number of statestates having anti-miscegenation
lawlaws at the time.
21 Like the prohibitionprohibitions on interracial marriage prohibitionprohibitions on the right
of same-sex couplecouples to enter into civil marriage cannot withstand seriousseriou
constitutional scrutiny based on mere repetition of the claim that there is no
fundamental right to same-sex marriage or because many statestates and membermembers of
the public continue to support such unconstitutional prohibitions.
B. RespondentRespondents Applied Equally Argument DoeDoes Not Support The ProhibitionsProhibition On Marriage Between IndividualsIndividual Of The Same Sex
In addition to burdening fundamental right prohibitionprohibitions on
marriagemarriages between individualindividuals of the same sex are discriminatory. Some argue
that the prohibition doedoes not discriminate because it applieapplies equally to men and
women. ClaimClaims of equal treatment were also made to justify prohibitionprohibitions on
interracial marriage. An examination of those claimclaims and the casecases that ultimately
rejected those justificationjustifications should inform thithis case.4
The York State Catholic Conference in its March 2006 New argueargues 13 amicuamicus brief to thithis Court at 35 that the anti-miscegenation lawlaws differ from gender- based marriage lawlaws because the former were enacted with the intent to stigmatize blackblacks as inferior to whites. For many of the reasonreasons set forth in great detail in thithis brief the New York State Catholic ConferenceConferences reasoning here is flawed. See e.g. PointPoints I.A.2. and II.A.. In any event the anti-miscegenation lawlaws prohibited interracial marriage in the same way the current law of New York barbars same-sex couplecouples from the institution of civil marriage. In both contextscontext adult citizencitizens are denied liberty and privacy rightrights indeed they are denied their fundamental right to choose the individual whom they wish to many.
22 DefenderDefenders of anti-miscegenation statutestatutes repeatedly argued that the
statutestatutes did not discriminate because they applied equally to both black and white
people
prohibition was not then aimed especially against
the blacks. They have the same right to make and enforce contractcontracts with whitewhites that whitewhites have with them
but no rightrights as to the white race which the white race is
denied as to the black. The same rightrights to contract with
each other that the whiteswhite have with each other the same
to contract with thewhite whites that thewhite whites have with
blacks.
LonaLonas 50 Tenn at 298-299. In 1877 the Alabama Supreme Court relied upon
similar rationale
is for the peace and happineshappiness of the black race as
well as of the white that such lawlaws should exist. And
surely there can not be any tyranny or injustice in
requiring both alike to form thithis union with those of their
own race only whom God hath joined together by
indelible peculiaritiespeculiaritie which declare that He has made
the two raceraces distinct.
Green Alabama 58 Ala 190 195 RespondentRespondents argument here echoeechoes the 1883 wordwords of the Missouri Supreme Court holding that act in question
is not open to the objection that it discriminatediscriminates against the colored race because it
equally forbidforbids white personpersons from intermarrying with negroenegroes and prescribeprescribes the
same punishment for violationviolations of its provisionprovisions by white as by colored
persons. Missouri Jackson 80 Mo 175 177 Likewise in 1921 the Supreme Court of Oregon upheld ban on marriagemarriages between Native
23 AmericanAmericans and whitewhites stating simply that the statute doedoes not discriminate. It
applieapplies alike to all persons. In re PaquetPaquets Estate 101 Or at 399 200 at
913. And in 1942 the Supreme Court of Colorado stated There is here no
question of race discrimination. The statute applieapplies to both white and black.
Jackson City Cty ofDenver 109 Cob 196 199 124 P2d 240 241
In 1948 the California Supreme Court finally rejected thithis unthinking
mantra explaining the fallacy of equal application
It has been said that statute such as section 60 doedoes not
discriminate against any racial group since it applieapplies alike to all personpersons whether Caucasian Negro or membermembers of any other race. The decisive question however is not whether different raceraces each considered
as group are equally treated. The right to marty is the
right of individualindividuals not of racial groups. The equal
protection clause of the United StateStates Constitution doedoes
refer the the not to rightrights of Negro race Caucasian race
or any other race but to the rightrights of individuals.
Perez 32 Cal 2d at 716 198 P2d at 20 added citation omitted. ThuThus
the proper analysianalysis of the issue focusefocuses on the individual. Because black individual was not permitted to marry an individual whom white individual could marry the anti-miscegenation statute was found to discriminate on the basibasis of
race. Similarly the statute discriminated on thebasi basis of race because white
individual could individual black individual not marry an whom could marry.
Almost twenty yearyears later the United StateStates Supreme Court reached
the same conclusion reject the notion that the mere ecpial application of
24 statute containing racialclassification classifications is enough to remove the classificationclassifications
from the Fourteenth AmendmentAmendments proscription. Loving 388 US at see also McLaughlin Florida 379 US 184 191 Judicial inquiry under the
Equal Protection Clause therefore doedoes not end with showing of equal
application among the membermembers of the clasclass defined by the legislation. For the
same reason any simplistic equal application argument must fail. Its rhetorical
appeal is matched only by its logical weakness. Accordingly thedecision decisions of the
First and Third DepartmentDepartments of the Appellate Division should be reversed.
II. HISTORICAL BACKGROUND
The majority and concurring opinionsopinion in Hernandez and the majority
decision in SamuelSamuels suggest that Loving must be seen as case about race
discrimination alone. For the reasonreasons set forth in great detail in thisthi brief Amici
maintain that it is fully appropriate and instructive to look to the history of other
civil rightrights strugglestruggles and specifically to the history of anti-miscegenation lawlaws in
resolving the issue before it now the prohibition against civil marriage by same
sex couples. At the core of both prohibitionprohibitions lielies the violation of an individualindividuals
right to marry.
25 A. Interracial Marriage Was Prohibited In ThiThis Nation For More Than 300 YearYears
The interracial marriage prohibition was deeply rooted in our NationsNation
history and tradition. StatuteStatutes prohibiting interracial marriage were enforced in
American coloniecolonies and statestates for more than three centuries. See Peter
Wallenstein Tell the Court ILove My Wfe Race Marriage LawAn American
History 25 3-254 annexed hereto as Tab A. The first anti-miscegenation law was enacted in Maryland in 1661. Rachel F. Moran Interracial Intimacy
The Regulation of Race Romance 19 annexed hereto as Tab B. Virginia
followed suit soon after. See id..
Interracial marriage was so far outside of the realm of traditional
marriage in colonial America that Virginia amended its anti-miscegenation law in
1691 to banish from the community any white person who married negro mulatto or Indian. Wallenstein supra at 15-16. Couched in the language of hysteria rather than legalese the avowed purpose of VirginiasVirginia 1691 law was to
prevent that abominable mixture and spuriouspurious issue of whitewhites with blackblacks or
Indians. Id. at 15.
Although the first American anti-miscegenation lawlaws were enacted in
the Chesapeake Bay coloniecolonies they quickly spread throughout the country.
MassachusettsMassachusett enacted an anti-miscegenation law in 1705. Carter G. Woodson
The BeginningBeginnings of Miscegenation of the WhiteWhites and BlackBlacks in Interracialism
26 Black-White Intermarriage in American Histoty Literature Law 42 45 49
SollorSollors ed. 2000 annexed hereto as Tab C. Pennsylvania passed its
anti-miscegenation law in 1725 and Delaware enacted similar law in 1726.
CharleCharles Frank Robinson II DangerouDangerous LiaisonLiaisons Sex Love in the Segregated
South annexed hereto as Tab D.
By the time of the Civil War lawlaws prohibiting interracial marriage
covered most of the South and much of the Midwest and they were beginning to
appear in Western states. See David H. Fowler Northern AttitudeAttitudes Toward
Interracial Marriage Legislation Public Opinion in the Middle Atlantic the
StateStates of the Old Northwest 1780-1930 214-219 annexed hereto as Tab E.
The proponentproponents of these lawlaws argued that they were necessary to uphold the law of
nature
Hybridism is heinous. Impurity of raceraces is against the law of nature. MulattoeMulattoes are monsters. The law of
nature is the law of God. The same law which forbidforbids
consanguineouconsanguineous amalgamation forbidforbids ethnical
amalgamation. Both are incestuous. Amalgamation is incest.
Henry HugheHughes Treatise on Sociology Theoretical Practical 23 9-240
annexed hereto as Tab F.
Although New York State never enacted an anti-miscegenation law
interracial relationsrelation were still subject to strong taboo here and vilified in the political arena. Indeed the term miscegenation was first used in an anonymouanonymous
27 propaganda pamphlet printed in New York City in 1863. The term was coined
from two Latin wordwords meaning to mix and race. The pamphlet falsely
attributed to the Republican Party and abolitionistabolitionists -- advocated the
interbreeding of the white and black raceraces so that they would become
indistinguishably mixed. The pamphlet was later exposed as dirty trick
instigated by DemocratDemocrats to discredit Republicans. See e.g. Encyclopedia of the
United StateStates in the Nineteenth Century Miscegenation as reproduced in
History Resource Center by Gale Group annexed hereto as Tab Encyclopedia
of African-American Culture History Miscegenation Intermarriage
as reproduced in History Resource Center by Gale Group annexed hereto as Tab
The Miscegenation Hoax www. museumothoaxemuseumothoaxes comlmiscegenation. html
accessed April 12 2006. Indeed DemocratDemocrats invented term in 1863
for the expresexpress purpose of demonizing black-white relationshipsrelationship and discrediting the Republican party. Leslie M. HarriHarris In the Shadow of Slavery African
American in New York City 626-1863 191 annexed to hereto as Tab I.
During Reconstruction SouthernDemocrat Democrats adopted the New York
minted term miscegenation and insisted on the necessity of preserving the sanctity of marriage by banning interracial marriage. See Moran supra at 26.
few Southern statestates repealed their anti-miscegenation lawlaws during Reconstruction
but societal pressure to spurn interracial relationshipsrelationship remained steadfast. Id..
28 When white Southernmale males regained control of their state legislaturelegislatures after
Reconstruction they promptly reinstated anti-miscegenation laws. See id. at 27.
Nor did ratification of the Fourteenth Amendment and its guarantee of
equal protection bring any change in the courtcourts view of the constitutionality of these laws. Over the next century scorescores of courtcourts confronted challengechallenges to these
racialrestriction restrictions and with only two exceptionexceptions consistently upheld the lawlaws on
the basisbasi of longstanding tradition equal application to the raceraces and the logic
of prohibiting interracial marriage. For example in 1878 the Supreme Court of
AppealAppeals of Virginia stated
The public policy of thithis state in preventing the
intercommingling of the raceraces by refusing to legitimate
marriagemarriages between them has been illustrated by its
legislature for more than century.. The purity of
public moralmorals the moral and physical development of
both raceraces and the highest advancement of our cherished
southern civilization. all require that they should be
kept distinct and separate and that connectionconnections and alliancealliances so unnatural that God and nature seem to forbid
them should be prohibited by positive law and be
subject to no evasion.
71 869 Dodson 61 Ark Kinney Virginia Va 858 see e.g. vArkansavArkansas 57
60-61 31 SW 977 977-978 anti-miscegenation law held not unconstitutional or even affected by amendmentamendments to Federal Constitution
Jackson 80 Mo at 177 traditional anti-miscegenation law held not to be
discriminatory and violative of the Fourteenth Amendment to the Federal
29 Constitution as it applieapplies equally to the raceraces Green 58 Ala at 195-197 same
LonaLonas 50 Tenn at 312 holding anti-miscegenation law unaffected by the
Fourteenth Amendment to the Federal Constitution Indiana Gibson 36 md 389
393-394 same Scott Georgia 39 Ga 321 323 327 upholding
constitutionality of anti-miscegenation law and stating that the offspring of these
unnatural connectionconnections are generally sickly and effeminate.
Despite the proliferation of anti-miscegenation lawlaws opponentopponents of
interracial marriage feared that state lawlaws were insufficient to protect the sanctity
of marriage. In December 1912 Representative Seaborn Roddenberry of Georgia
proposed to amend the United StateStates Constitution to declare Intermarriage
between NegroeNegroes or personpersons of color and Caucasians. is forever prohibited.
49 Cong Rec 502 11 1912. LeaderLeaders from around the country denounced
interracial marriage. For example Governor William Mann of Virginia called miscegenation desecration of one of our sacred rites. Even New YorkYorks
Governor John Dix called it blot on our civilization and desecration of the marriage tie should never be allowed. See Robinson supra at 79 see also Denise C. Morgan Jack Johnson Reluctant Hero of the Black Community32
Akron Rev 529 548
30 B. Marriage ProhibitionsProhibition Extended To NumerouNumerous Racial GroupGroups
Although the first anti-miscegenation lawlaws targeted whiteswhite and blackblacks
many statestates expanded their application to other racial groups. See Peggy Pascoe
Miscegenation Law Court CaseCases IdeologieIdeologies of Race in Twentieth Century
America in Interracialism Black- White Intermarriage in American History
Literature Law 178 183 SollorSollors ed. 2000 annexed hereto as Tab J.
Twelve statestates prohibited marriage between whitewhites and Native Americans. Id..
After the mid-eighteenth century when people from the Far East began to
immigrate to the United StateStates statestates with substantial populationpopulations of Chinese and
Japanese responded by enacting anti-miscegenation lawlaws prohibiting marriage
between whitewhites and Mongolians. Moran supra at 28-36.
As new nonwhite immigrant communitiecommunities formed statestates amended
their anti-miscegenation lawlaws to prevent marriagemarriages between whitewhites and these
immigrants. Id. at 31-32. In 1862 Oregon passed its first anti-miscegenation law. See 1862 Or LawLaws 63-102. In 1866 Oregon amended the statute to
prohibit marriage between any white person male or female and any negro
Chinese or any person having one fourth or more negro Chinese or Kanaka
Hawaiian blood or any person having more than one-half Indian blood.
See 1866 Or LawLaws 23-10 10.
31 In 1850 California enacted law prohibiting marriagemarriages between
white personpersons and negroenegroes or mulattoes. Leti Volpp American Mestizo
FilipinoFilipinos Anti-Miscegenation LawLaws in Ca4fornia in Mixed Race America the
Law Reader 86 R. Johnson ed. 2003 annexed hereto as Tab K. Then
in 1878 California amended its constitution to restrict the intermarriage of whitewhites
and Chinese. See Moran supra at 31. Shortly thereafter the California
Legislature amended the Civil Code to ban the union of white person with
negro mulatto or Mongolian. Id. omitted. Later it amended the law
to include membermembers of the Malay race as well. See id. at 38
omitted.
The specific targettargets of anti-miscegenation lawlaws varied from state to
state as different racial or national groupgroups were singled out by specific statutestatutes
directed racial reflecting legislative bigotry at particular groups. Randall
Kennedy Interracial IntimacieIntimacies Sex Marriage Identity Adoption 220
annexed hereto as Tab L. Other statestates enforced their anti-miscegenation policiepolicies
on thebasi basis of judicial decisiondecisions that turned on white/non-white distinctions. For
example Virginia voided marriage between white person and person of
Chinese descent on thebasi basis of that statestates statute making it unlawftil for any white person in thisthi State to marry any save white person or person with no other admixture of blood than white and American Indian. See Naim Naim
32 197 Va 80 81 87 SE2d 749 750 omitted vacated and remanded 350
Us 891 adhered to 197 Va 734 90 SE2d 849 All told thirty-eight
statestates had anti-miscegenation lawlaws in effect at one time or another. See
Wallenstein supra at 25 3-254. By the end of World War II thirty statestates still had
such statutes. See id. at fig. 8.
Of course affluent people could avoid certain consequenceconsequences of the
anti-misdëgenation laws. For example John Mercer Langston the first African
American to be elected to public office and the founder in 1868 of the Howard
University School of Law was able to succeed to the wealth of his white father
and the opportunitieopportunities that such wealth would enable as result of his fatherfathers
capacity to contract around certain consequenceconsequences of VirginiasVirginia anti-miscegenation
lawlaws to ensure that his children would inherit his wealth. Upon their parentparents
deathdeaths those children including John Mercer Langston were taken in by family friend in free state -- Ohio. See John Mercer Langston Bar Assn web site
www.jmlba.org/JMLBio.htm accessed April 12 2006 KansaKansas St Hist
Soc web site www.kshs.org/publicat/history/l999winter_sheridan.htm
accessed April 12 2006. Similarly same-sex couplecouples of meanmeans who are denied
the right to marry can with respect to at least certain few of the benefitbenefits attendant
to marriage i.e. rightrights of succession contract for the same albeit privately and at
great expense. ThiThis juxtaposition highlightshighlight yet another dimension to the inequity
33 that flowflows from the deprivation of equal marriage rightrights -- built-in preference for
those affected personpersons of means.
State anti-miscegenation lawlaws were considered constitutional until
1967 when the U.S. Supreme Court struck down such discrimination as an
unconstitutional interference with an individualindividuals fundamental right to marry.
Loving 388 US at 12 see also Naim 197 Va at 81 87 SE2d at 750 Kinney 71
Va at 869 Dodson 61 Ark at 60-61 31 SW at 977-978 anti-miscegenation law
held not unconstitutional or even affected by amendmentamendments to Federal
Constitution Jackson 80 Mo at 177 traditional anti-miscegenation law held not
to be discriminatory and violative of the Fourteenth Amendment to the Federal
Constitution as it applieapplies equally to the raceraces Green 58 Ala at 195-197 same
LonaLonas 50 Tenn at 312 holding anti-miscegenation law unaffected by the
Fourteenth Amendment to the Federal Constitution Gibson 36 md at 393-394
same Scott 39 Ga at 323 327 upholding constitutionality of anti-miscegenation
law and stating that the offspring of these unnatural connectionconnections are generally
sickly and effeminate.5
Clearly lengthy catalog of discriminatory law cannot as argued by
RespondentRespondents effectively justiFy the perpetuation of the discrimination in question.
Not one iota of the resoundingly democratic bigotry expressed through statutestatutes decisions the public opinion and legal decision rendered same constitutionally permissible.
34 C. Anti-Miscegenation LawLaws Enjoyed Vast Popular Support
BanBans on interracial marriage reflected contemporary public sentiment.
In 1958 Gallup Poll indicated that 96 percent of all AmericanAmericans opposed
interracial marriage. See NicholaNicholas D. Kristof Marriage Mix and Match NY
TimeTimes Mar. 2004 at A23. In 1972five yearyears after the Supreme Court
declared banbans on interracial marriage unconstitutionala Gallup Poll reported that
75 percent of all white AmericanAmericans still opposed interracial marriage. See Astor
supra. Indeed it was not until 1998 that the votersvoter of the State of South Carolina
voted to amend that statestates constitution to eliminate the anti-miscegenation law
that had been enshrined in that constitution 103 yearyears earlier. Judy Sheppard
Alabama VoterVoters May Bury Interracial Marriage Ban It Hasn Had Legal Force
For DecadeDecades Atlanta Const. Sept. 26 2000 at 1A. And in 2000 Alabama
became the last state to repeal its anti-miscegenation law with 40 percent of its
electorate voting to keep the prohibition on the books. TheFreeDictionary.com
Miscegenation www. encyclopedia.thefreedictionary.comlmiscegenation
accessed April 12 2006.
35 CONCLUSION
For the reasonreasons set forth above NYCLA and NBJC as amici curiae
respectfully request thithis Court to find New YorkYorks prohibition on marriage
between same-sex partnerpartners unconstitutional and reverse thedecision decisions of the First
and Third DepartmentDepartments of the Appellate Division below that denied same-sex-
couplecouples the same right to enter into civil marriagemarriages that is enjoyed by the
heterosexual citizencitizens of New York State.
Dated New York New York
April 12 2006
Respectfully submitted
NEW Yortx COUNTY LAWYERLAWYERS AssocIATIoN AMICUAMICUS CURIAE
By Norman L. Reimer President
14 Vesey Street New York NY 10007 Tel 212-267-6646 Fax 212-406-9252
36 NATIONAL BLACK JUSTICE COALITION AMICUAMICUS CURIAE
Washington National Office 1725 Street NW Suite 300 Washington DC 20006 Att. H. Alexander Robinson Executive Director/CEO Tel 202-349-3755 Fax 202-349-3757
Of Counsel
Ivan J. Dominguez Kathryn ShreeveShreeves Jean M. Swieca
37 ADDENDUM ______-- -1------TELL THE COURT LOVE WIPE
RACE MARRIAGE AND LAWAN AMERICAN HISTORY
PETER WALLENSTEIN
palgr ve macmilLan For my miracle Sookhan
indian ForesnothersForesnother by Peter Wsllenseein from The DevilDevils Lane Sex and Race in the and Michele Early South edited by Catherine Clinton Gillespie 1996 by Catherine
Michele Used Oxford Inc. Clinton and Gillespie. by permission of University PresPress
TELL THE COURT LOVE MY WIFE
Copyright Peter Wsllemeein 2002.
All reserved. No of thithis book be used in what rightsright pare may or reprodtsced any manner
soever without writeen in the case of brief embodied in criti permission except quotationquotations
cal articlesarticle or reviews.
First published in hardcover in 2002 by Paigrave Macmillan
First PALGRAVE MACMILLANrm paperback edition Janussy 2004
175 Fifth Avenue New York N.Y. 10010 and RG2I 6X5. HoundmdiHoundmdis Basingatoke Hampshire England
and the world. CompanieCompanies representativesrepresentative throughout
is the academic of the Macmilan di PALGRAVE MACMILLAN global imprint Paigrave LLC and vision of St. MartinMartins PresPress of Paigrave Macmillan Led. Macmillanr is regiregis
tered trademark in the United United and other countries. is States. Kingdom Pslgrave
the Union and other registered trademark in European countries.
ISBN 1-4039-6408-4
Library of CongresCongress Cataloging-in-Publication Data
Wallensrein Peter.
Tell the court love my wife race marriage and law an American history by Peter
Wallenssein.
p. cm.
IncludeIncludes index.
ISBN 1-4039-6408-4
Interracial and I. Title. 1. marriageLaw legislationUnited Staeesl-listnry. KF5I1.W35 2002
346.7301 6-dc2l
2002072510
retord book catalogue for thithis is available from the British Library.
Design by LeerLeers Libre
First PA.LGB.AVE MACMILLAN paperback edition January 2004
10 32
Printed in the United StatesState of America. CHAPTER
SEX MARRIAGE RACE AND
FREEDOM IN THE EARLY CHESAPEAKE
and which hereafler For prevention of that abominable mixture spuriouspurious issue may
encrease inthi this dominion as well by negroea mulanoemulanoes and IndianIndians intcrrnarxying
with English or other white woman as by their unlawful accompanying with one another
Law of Virginia 1691
No wedding photophotos no baby picturepictures commemorate the events. John RoWe and
PocahontaPocahontas married in 1614 and their son ThomaThomas was born in 1615 when the
English colony that was planted in 1607 at Jamestown Virginia was still very Multiracial that and new. VirginianVirginians originated as early as rime many people
sojournerssojourner and residentresidents English and Native AmericansAmericanalikewelcomed the
that the likelihood of the interracial marriage enhanced peace in Chesapeake re
gion of North America.
No law at that time specifically governed interracial sex interracial marriage
or multiracial children. Law or no law few whitewhites married Native AmeticansAmetican in
colonial the and PocahontaPocahontas Virginia so union of John RoWe proved notable exception. Restrictive lawlaws when they emerged reflected lawmakerslawmaker overriding
of African but affected in all concernconcerns regardingVirginian Virginians ancestry they people other groupgroups too. At about the same time that Virginia began to legislate on the identity and statustatus of mixed-race people Maryland did as well.
When slavery supplanted servitude in supplying labor force for the Chesa peake coloniecolonies more African AmericansAmerican Lived in Virginia and Maryland com bined than in all the other British North American coloniecolonies put together. For some yearyears afrer the American Revolution the two statestates on the Chesapeake Bay continued contain of all with African in the to majority people ancestry living 14 ABOMINABLE MIXTURE AND SPURIOUSSPURIOU ISSUE SEX MARRIAGE RACE AND FRflDOM 15
new nation. ThuThus the the dominant of do. Other Che.sapealce region generated experience of ligion language or nation originany category might people
black and multiracial in the people settler societiesocieties of British North America and tended under such as mulattoesmulattoe and other to get lumped categoriescategorie negroenegroes the early American republic. otherwise arid slavesslave negroe slavesslaveIndiansIndian or negroenegroes manumitted or free Race sex slavery and freedom with bond free.2 commingled society economicseconomic politicpolitics any negroe mulatto or Indian man or woman or and law in Virginia and in variouvarious and In first addressed the of the Maryland changing ways. 1607just In 1662 VirginiasVirginia colonial assembly question sta
before men on three ships from made their interracial ship England way up what they named tus of the children of couples. The question before the legislatorlegislators was the JameJames River arrived at place called and established whether children should be slave they Jamestown got by any Englishman upon negro woman therethe colony residentsresidentof the all bohie thithis many Chesapeake region were Native or ffree. The new law supplied formula all children in country
Americans. Over the next two centuriecenturies and their the of the mother.3 newcomersnewcomer progeny from shall be held bond or free only according to condition both Africa Europe and soared in numbernumbers while IndianIndians seemed vanish. the of their moth to According to the 1662 law children would follow statustatus If the had been more than patternpatterns simple they were it might be possible to ers. Slave women would have slave children regardlessregardles of who the ther was if speak as was either white though everyone or black and as though all blackblacks she were slave then any child she had even with white father would be were slaveslaves whether in 1750 or 1850. But such was not the case and bound slave. Free women whether white or not would have free children again no ariearies were not so clear. Some black residentsresident were IndianIndians refused free to van matter who the father was if the woman was free het childblack white or
ish and in and many people Maryland Virginia were multiracial. Some mixed-racewould be free too. All depended on whether the womanwhat mixed-race people though born unfree were to remain did designated so only for ever her racial identitywasidentitywa slave or free. The futherfuthers identity not matter specific though lengthy periods18 21 30 or 31 years. Some people more so neither could his race or his status. Moreover the 1662 law assumed that the
over though born into their freedom. lifelong slavery gained mixed-race child was born to couple who were not married to each other-in Within marriage or outside it of had people European origin children with many casecases slave woman and the white man who owned bet It did not ad Native AmericansAmerican or people of African ThiThis and the ancestry. chapter next ex dresdress the question of interracial marriage itself
plore each of those featuresfeature of the social complicating landscape emphasizing two those groupgroups descended from white mothersmother and black or mixed-race fa Childrenand the Racial of the Father therthers and those Indian foremothersforemother Both Marriage Identity claiming chapterchapters focufocus on region where most VirginianVirginians lived east of the Blue mountainswhose Ridge successor act in 1691 took on the matter of marriage. That year the Virginia population in the yearyears between 1760 and 1860 was half white roughly and assembly took action against sexual relationrelations between free whitewhites and non- half nonwhite half free and half slave. In timetimes and many placeplaces only minor whitewhites at least in certain circumstancecircumstances regardlessregardles of whether the couple were was ity white yet only minority was slave. the balance was middle Tilting single or had married. As rule colonial governmentsgovernment and churchechurches fostered of who group people were considered free but not white.Thi This taketakes between colonial chapter marriagemarriages adultadults butreflecting widespread pattern in fresh look at their origins. In particular it offeroffers of the history beginningbeginnings of Americathe Virginia assembly was not necessarily going to do any such thing legal restrictionrestrictions on between marriage colonistscolonist who were defined as white and that regarding interracial unions. SlaveSlaves could contract no marriagemarriages the law rec people who were defined as nonwhite. ognized. Free people could but after 1691 white people were not free to marry
acrosacross racial linelines Prior to thithis time some white women had married nonwhite
the assembly tried to curtail the punish infractionsinfraction and contain Like Mother Like Child men practice the consequences.4 Before law of could race fully develop definitionsdefinition of racial had categoriescategorie to The 1691 act couched in the language bf hysteria rather than legalese was be in In put place. seventeenth-century Virginia and these took Maryland designed for prevention of that abominable mixture and spuriouspurious issue which while to develop although some kind of line white from nonwhite thithis well and separating hereafter may encrease in dominion as by negroesnegroe mulattoesmulattoe was ever-present. When for example the House of wanted Virginia BurgesseBurgesses IndianIndians intermarrying with English or other white woman as by their un to refer to people of variouvarious groupgroups EuropeansEuropean might variously be termed lawfull accompanying with one another. In the cultural world that these leg ChristianChristians and or other Race English English white persons. or color re islatorislators inhabited it was anathema for white women to have sexual relationsrelation r6 ABOMINABIE MIXTURE AND SPURIOUSPURIOUS ISSUE SEX MARRIAGE RACE AND FREEDOM 17
with nonwhite For the men relationship to be sanctified in was bound until he she shall the marriage no out as servant... or attaine age of thirty
betterif anything it was worsethan if the remained couple unwed.5 yeares.8 The 1691 statute sexual relationrelations between white targeted women and black If the mother stayed in Virginia and retained her freedom therefore she lost men the abominable and the mixture children of such her who would be bound until the of As is evi relationshipsrelationship the child out as servant age 30.
spuriousspuriou issue. The first thing the new law did was to outlaw interracial mar dent from thithis act mixed-race children troubled the Vitginia assembly if their for white and white riage men women alike. it did ban the Actually not mar mothermothers were white not if they were black The old rule continue4 to oerate
riage but rather mandated the banishment of the white to interracial parry any for the mixed-race children of white fatherfathers but new rule targeted the ptob
marriage that occurred if that free and thuthus person was owed labor to no lem of mixed-race children of white mothers. The law said nothing however planter Whatsoever other English or white man ot women free shall in being about the nonwhite father of white womanwomans child. It imposed no penalty of with Indian termarry negroe mulatto or man or woman bond or free shall losloss of labor or liberty though it surely broke up any family there might have within three monthmonths after such be banished and removed from thithis marriage do been. The father was important to the law because regardlessregardles of whether he was
minion forever6 If the bride in the interracial couple was white then she would free or slave he was nonwhite and had fathered child by white woman. But vanish from Virginia and her mixed-race child would be born and raised out the penaltiepenalties were imposed on the woman and the child. side Virginia. The statustatus slave or free of the child of white man and black woman con The law began by condemning all between whitewhites and marriagemarriages nonwhitesnonwhite tinued under the 1662 law to depend on he statustatus of the mother. The 1691 but its main intent white was to women who raCial target strayed acrosacross linelines legislature worried about other questionquestions and it devised new rule to addresaddress whether they actually married nonwhite men or not. An occasional white them. The new rule meant thar thefather fathers identity could be as importantas the woman even though unmarried would have child whose father was negro or mothers. By 1691 the central question regarding the statustatus of child in Vir mulatto here lawmakerslawmaker did not include Indians. Concerned about that con giniahad to do with whether the mother was white or black as much as whether
tingency legislatorlegislators the white mothersmother of targeted interracial childrenif any she was free or slave. Most black women were slaveslaves so most children of black English woman being free shall have bastard child by any negro or mulatto women would be slaveslaves although nonslave nonwhite mothersmother would still bear she must within month of the birth fine of 15 the pay poundpounds sterling to nonslave children. If the mother was white the answer depended on the racial church wardenswarden in her Her crime such it parish as was entailed sexual rela identity of the father. with nonwhite tionship manin particular that resulted in The relationship legislature had as its primaryobject seeing that white men retained ex mixed-race child.7 clusive sexual accesaccess to scarce white women. It also had as significant sec If the white mother of multiracial child was free but could not pay the fine ondary object propelling the mixed-race children of white mother out of the the church wardenswarden were to auction off her serviceservices for five The and into racial that fewer and years. penalty privilegedwhite category category carriad rightrights called for her to in either pay money or time or But if she of the born property liberty was out group free and into long-term servitude to white person.9 an indentured servant the law did not mean her to punish owner by denying him her labor thuthus his and property. If she was servant and thuthus not the owner other Eighteenth- Century AmendmentAmendments own labor at the time of the offense her sale for five yearyears would take place after she had completed her current indenture. Legislation in 1705 modified the 1691 statute in several significant ways. In In view of the provision for banishment few white involved in in VirginianVirginians framing an act declaring who shall not bear office inthi this country that ex terracial would still be the marriagemarriages in colony when their children came cluded the defined along. any negro mulatto or Indian Virginia legislature mu But thithis addressed the only question of the childrenthe issueof lattofor spuriouspurious the purpose of clearing up all manner of doubtdoubts that might white women who actually went whose through wedding ceremony relation develop regarding the construction of thithis act or any other actaactas the child would have before ship been 1691 lawful. What about children whose of defined parentparents grand child or great grand child negro. It thereby as mulatto accompanying with one another was unlawfiilthat the is couple was any mixed-race Virginian with at least one-eighth African ancestry. The statute married Any such bastard child mixed-race and born in be Virginia was to probably sufficed at the time to exclude virtually all VirginianVirginians with any trace taken the wardenswarden of the by church in the parish where the child was born and able African In after arrival in ancestry. 1705 only some 86 yearyears the 1619 of left Figure 5. Justice John
it Marshall Harlan was the US.
Supreme CourtCourts sole dissenter
in The Civil RightRights CaseCases and 1883 again in Plessy v. WhAT M18EGKNA1M IS Ferguson 1896 but in Pace also about v. Alabama 1883
the Fourteenth Amendment
and the equal protection of
lawlaws he failed to dissent so
the Court unanimously upheld
miscegenation stanste.
Courtesy of the Library of
Congress.
6. The South below Figisre
solid was in its allegiance to
the antimiscegenacion regime
in the l866one year after
in 1865 ConftderacysConftderacy deftar
and one year before CongressCongres
passed the Reconsrrucnon actacts
of 1867. But many statesstate
outside the South also had
such lawlaws at that time Some
of the former Confederate
wu.Xt WE ARE TO EXPECT statesstate ho.djusc inaugurated
such lowlows the cC during previouprevious year and sevenwhether by Now that. Mi. LIECLIECS is Re-tlected legislative or judicial action
soon dropped their oeCON5 miscegenation lowslow for at least few yearyears Produced by John
Boyer. geography department By L. SK S41 Virginia Tech.
\VNlLER It \V Pctwsrnezr
\t YOfl K.
4. Is1 The word its introduction Figure What Miscegenation 1865. was widely adopted soon after in cIsc 1864 election and thithis caricature American presidential year pamphletitpamphletits of an African
and black with man with Caucasian woman reflecting designed to fosterfear fears of men mixing white out Abraham Lincoln reelected the womencame soon after was Courtesy of Library of
Congress. When the Pigure 9. LotsingLotsings were arrested in 1958 in Virginia for their interracial marriage. 24 of Of the 37 statestates in 1874 at least of2l in the North and another of 16 in the Figure the 48 still had statesstate miscegenation lawslaw on the bookbooks VirginiaVirginias law dated all the way back to South had laws. territoriesterritorie shown also had such lawlaws but miscegenation Many western not here Produced 1691 Wyomingh only 1913. by John Boyei geography department Virginia Tech. most statesstate of the Lower South had ljfled them Produced by John Boyei geography department.
Virginia Tech.
the 8. Between the fact enacted such and 1948 10. 1966 the controlled the had shrunk one-third Figure 1913 when state law when Ca%hrnia Pigure By eerritmy by antimiscegenacion regime
its and the the Supreme Court overturned thatstate states law the antimiscegenacion regimeregimes power woc at peak of nacion.17 of 50 statestates clustered in the South. Into the 19601960s lawlaws that banned
interracial its the 48 Produced continued to be in those states. Produced terricoy heM at 30 of states. by John Boyei geography department Virginia marriage enforced by John Boyen geography
Tech. Tech. department. Virginia APPENDIX
PERMANENT REPEAL OF STATE MISCEGENATION LAWLAWS 17801967
The territory governed by the antimiscegenation regime kept changing. After
beginning in the seventeenth century in the Chesapeake coloniecolonies it spread
in the north as well as south and then the nineteenth cenrury west to Pacific. from the either Over the yearyears some starestares peeled away regime temporarily or
permanently. SuspensionSuspensions of miscegenation lawslaw took place in most of the Deep
South during Reconstruction but proved temporary. With restoration there and
repeal in some northern statestates the territory took on irs twentieth-century con
tourtours and was eventuallyvery brieflyrestricted to the South.
As as 12 few had lawlaws interracial many statestates or as as never restricting sex
or marriage. Four of these were among the original 13 statestates New Hampshire
Connecticut New Jersey and New York although New York when it was New
Amsterdam Dutch colony had law against interracial sex. Five other statestates
never had such lawlaws Vermont Minnesota and Wisconsin together with
Hawaii and Alaska both admitted in 1959. Three territorieterritories had such lawlaws for
time but repealed them before statehood KansaKansas 1859 New Mexico 1866
and Washington 1868 Wyoming did so too 1882 but then it passed new
miscegenation law in 1913.
Between 1780 and 1887 statestates in addition to those territorieterritories perrna
nently repealed their miscegenation lawslaw and southern statestates abandoned the
antimiscegenation regime for some yearyears after 1867. Then for many yearyears no statestates repealed such measuresmeasure while additional statestates inaugurated miscegenation
lawslaw as late as 1913 and 30 statestates out of 48 retained thoselaw laws at the end of
World War II. Repeal by 13 of the 30 by 1965 left 17 holdout staresMary
land which repealed its law shortly befbre the Supreme Court handed down the
decision in Loving v. Virginia in June 1967 and 16 other statestates from Delaware 254 APPENDICESAPPENDICE
Florida Georgia Kentuclry Louisiana Mississippi Missouri North Carolina
Olclahoma South CarolinaTennesseeTexa Texas Virginia and West Virginia.
list of statestates with miscegenation lawslaw followfollows together with the yearyears in whichthrough state action between 1780 and the eve of the Loving decision in ended their the 967they permanently participation in antimiscegenation regime
Pennsylvania 1780 INTERMARRIAGE IN NAZI GERMANY MassachusettMassachusetts 1843 AND APARTHEID SOUTH AFRICA Iowa 1851
IlltnoiIlltnois 1874
Rhode Island 1881
Maine and Michigan 1883
Ohio 1887 law in The antimiscegenation regime in America endured from Maryland California court decision 1948 1664 to the Supreme Court decision in Loving v. flrginizin 1967 correspond- 1951 In Oregon ing systemsystems developed in the twentieth century on other continents. Europe
Montana 1953 World War II in GermanyGermanys was born in 1935 and it died with Allied victory in North Dakota 1955 1945. South African version in place by 1949 was repealed in 1985 and Pro- South Dakota and Colorado 1957 tas Madlala and American-born Suzanne Leclerc married that summer.1
Idaho and Nevada 1959 For the color line in the law of and the in the ten yearyears marriage family Arizona 1962 United StateStates had its in HitlerHitlers had what racial counterpartscounterpart Germany. Who Utah and Nebraska 1963 that identity What pool of prospective marriagepartner partners did identity allow and Indiana 1965 Wyoming What was the statustatus and the identity of the children of mixed marriage What 1967 Maryland penaltiepenalties might await violationsviolation of the law of race and marriage number of
the major themestheme of AmericasAmerica antimiscegenation regime recurred in HitlerHitlers
Germany under the Nuremburg LawLaws of 1935. Though Ametlcan culture tendtends
to view the term Jewish as connoting religion rather than race race was the
more relevant category in HiderHiders Germany. There the preferred equivalent for the term miscegenation was Rassenschande or race defilement.
Under the Nazi classified of their regime people were in termterms ancestry going
back two generationgenerations and that classification could change if grandparent re
married and thithis time the spouse was Jewish rather than Aryan. GermanGermans were
divided several with either three four into categoriescategorie chiefly JewJews people or
Jewish grandparentgrandparents and AryanAryans who had none although mixed blood
people Mischllnge fell in between. The rulerules governed which group could
marrywithin vhich other groups. Mixed marriagemarriages were viewed as better if the
than if he the man was Aryhr was Jewish partner. could of but Mixed marriagemarriages already entered into cause enough problem
entering new oneones could be out of the question. AuthoritiesAuthoritie and informal influ
enceences alike pressured people in mixed marriagemarriages to separate and divorce.Paltner Paltners
cd
p-4
t0
Cd 4..
.-l 00 44
JD HO To who how The University of Chicago PresPress Chicago 60637 my parentparents taught me
The of PresPress Ltd. London University Chicago to croscross boundarieboundaries and how to love
zoozoos by The University of Chicago
Paperback edition 2003
All rightrights reserved. Published toot
Printed in the United StateStates of America 121t50090$0706o5o403 2345
ISBN 0-226-53662-9 cloth
ISBN 0-226-53663-7 paperback
Library of CongresCongress Cataloging-in-Publication Data
Moran Rachel F.
Interracial intimacy the regulation of race and romance Rachel F. Moran.
p. cm
IncludeIncludes index.
ISBN 0-226-53662-9 cloth alk. paper
s. MiscegenationLaw and legislationUnited StatesHistory. a.
Interracial States. relations. marriageUnited 3. United StatesRace
I. Tide.
KF4757 .M667 zoozoos 305.800973dczI
oo-oesoo8
The paper used inthi this publication meetmeets the minimum requirementrequirements of the American National Standard for Informanon SciencesPermanence of Paper for Printed Library MaterialMaterials ANSI Z39.48-s992. iS CHAPTER ONE
Conclusion
WilliamssWilliams memoir remindsremind us of the power of race and intimacy. Look
back his between black ing on early yearyears as boy navigating uneasily
and white worldworlds he realizerealizes that all of his later professional successsucces and cannot shield him from the impact of his racial heritage family tieties TWO
fortunate of was to be able to achieve my goal becoming lawyer
of law have held that and later my dream being professor. positionpositions wildest fantasiesfantasie the 6otf6otfs Railroad Street LawLaws even in my during nightnights at Antimiscegenation
could not envision for Yet when stand in front of studentsstudent myself. my and the Enforcement of often wanderwanders back the and of the Muncie mind to pain rejection years.
Almost if it recall Dad beaten as were yesterday vividly watching being Racial BoundarieBoundaries
by the police and the day we were chased from the white waiting room
in Louisville. never felt more impotent and powerlespowerless to control my life
than did in those days. When think of those timetimes remember what Dad used to say NY To lawlaws anrimiscegenation must begin with the one thithis will all into Son day pale insignificance. of regulation blackwhite intimacy but it must not end there. LawLaws He was wrong. Muncie has never paled into insignificance. it has lived barring sex and between blackblacks and whitewhites had the marriage longest his inside me forever.42 and the tory widest application in the United States. As one historian of
The time is overdue to the of inter has long recognize singular importance intermarriage pointed out however antirriiscegenation lawlaws were
racial It has into should it. Inter enacted firstand intimacy. not paled insignificance nor abandoned lastin the South but it was in the
racial is far than incidental of racial the intimacy more an consequence West not South that the lawlaws became most elaborate. In the late
or of As thithis book will nineteenth western built equality particular proof personal autonomy. century legislatorlegislators labyrinthine system of le show those who choose love acrosacross the color line the conven challenge gal prohibitionsprohibition on marriagemarriages between whitewhites and Chinese Japanese tional wisdom that racial carcars be achieved in the absence of equality FilipinosFilipino HawaiiansHawaiianHindusHindu and Native AmericanAmericans as well as on
rich network of interracial and that love is free when between whitewhites and blacks. relationshipsrelationship truly marriagemarriages Ar one time or another thirty
it is cabined by eight. statestates lawlaws pervasive segregation. adopted regulating interracial sex and marriage. All of these lawlaws banned blackwhite relationshipsrelationship but fourteen statestates also
prohibited Asianwhite marriagemarriages and another seven barred Native Americanwhite unions.2 No state ever officially banned Latinowhite
intermarriage though presumably because treaty protectionsprotection formally accorded former and Mexican Spanish citizencitizens the statustatus of white per sons.
lawlaws have Antimiscegenation played an integral role in defining racial and racial identity enforcing hierarchy.3 To understand the distinctive
wayways in which antimiscegenation statutestatutes were used to establish normnorms
about it is essential focufocus the race to on two groupgroups that suffered the most onerouonerous legal burdensburden blackblacks and Asians. For blackblacks the lawlaws iden tified them diminished as personpersons marked with the taint of slavery and
after inferiority even they were nominally free. Although the statutestatutes 17 ANTIMI5CEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 19 18 CHAPTER TWO
the restrictionrestrictions teenth white indentured servantsservantoften worked in close the freedom of blackblacks and whitewhites alike century proxim formally limited of to black slaves. In some instanceinstances coworkercoworkers became sexual block blackacces access to the privilegeprivileges associating ity intimateintimates clearly functioned to lawlaws confirmed their statustatus and interracial sex and marriage began to blur the color line.6 Anti- with whites. For AsianAsians antimiscegenation and unfit lawlaws became draw between slave marked as tacially distinct miscegenation way to rigid boundary as unassimilable foreigners. Already inter and black and white. enacted the first lawlaws state constraintsconstraint on free Maryland antimiscegenation for citizenship by fedetal immigration from into com statute in i66t and followed suit one later. Even before Asian male immigrantimmigrants integrating Virginia year marriage prevented them from developing that Virginia authoritiesauthoritie in the 163o163os and 164o164os had whipped and pub munitiemunities by thwarting their sexuality hindering them from humiliated those who in interratial sexual liaisons.7 StateStates marriage and deterring licly participated tieties to the United through For both interracial authoritiesauthoritie in and Vir who would he American citizencitizens by birth. By punishing sex severely Maryland having children hall clear that whitewhites the sexual in and family was ginia sent message were nor to adopt prac blacksblack and AsianAsians segregation sex marriage entrenched ticetices of slaves. SlaveSlaves typically did not enjoy accesaccess to the formal institu mark of intense racializarion and inequality. of did tion marriage although they conduct their own slave marriage rituals. Some slaveslaves practiced polygamy or polygyny and many did not condemn intercourse Without social Line premarital stigma woman might Black Drawing the Colot The Experience have sex and even bear children by man before having been recognized and It in Place Keeping other by slaveslaves as married to him.8 Legislation prohibiting interracial role condemned these alternative sexual and marital of and played singularly important intimacy clearly practicespractice The regulation sex marriage heathen and unfit for white Christians. between whitewhites and blacks. Antimiscegenation as right-minded in drawing the color line foundation for securing the frill per In the early settlement yearyears interracial marriage had been tolerated lawlaws in the South laid critical diminished statustatus of blacks. presumably because of the uncertain racial statustatus of blackblacks and the short sonhood ofwhite whites and entrenching the the established social order statu of women. As the institution of slavery was consolidated in the Whenever racial ambiguity threatened age to keep late seventeenth acrosacross the color line became anoma on interracial sex and marriage were imposed century marriagemarriages tory restrictionrestrictions the colonial era Southern statestates loulous and dangeroudangerous exceptionexceptions to the emerging racial hierarchy. Inter the color line firmly in place. During racial enabled in racial boundarieboundaries and establishing unionunions black women to control accesaccess to their sexual faced special challengeschallenge drawing and artisanartisans and it enabled black settlersettlers were farmerfarmers ity through marriage men to superior sexual norms. In New England mostly occupy and had religioureligious position to white women in institution that treated the hus who artived with familiefamilies settied in towntowns strong patriarchal communitiescommunitie same-race familiefamilies were band as master. MarriageMarriages acrosacross the color line could give blackblacks and ijadirions. In these homogeneouhomogeneous their of was relatively rare.4 By contrast mixed-race offspring accesaccess to white economic privilegeprivileges by afford the norm and sex outside marriage from and settierssettier came ing them the property protectionsprotection that marriage and inheritance lawlaws in the Chesapeake world of Virginia Maryland offered.9 Blackwhite arrived alone as indenturedservant servants martiagemartiages threatened the presunption that blackblacks wide range of backgrounds. Many until for their to America. were subhuman slaveslaves incapable of exercising authority dernonstrat who had contracted to work they paid passage
shared townshipstownship or religioureligious ing moral responsibility and capitalizing on economic opportunity. If No sense of community based on originorigins Men outnumbered women by whitewhites could share their emotional livelives and economic fortunefortunes with beliefbeliefs bound the newcomernewcomers together. of women was exacer blackblacks how could blacksblack be lesless than frill four to one. In addition the scarcity marriageable anything personsperson
could not until they The coloniescolonie enacted statutestatutes to ensure that rather than bated because indentuted female servantsservant marty Chesapeake Under these circumstancescircumstance raterates of benefit blackblacks interracial would Whites. Un completed their termterms of service. marriagemarriages simply degrade soared lawlaws der law white was to be banished from the extramarital sex and out-of-wedlock pregnancy despite pun VirginiaVirginias 1691 spouse within and colony three monthmonths of an interracial wedding. In 1705 Virginia ishing rnIcation adultery rape.5 authorized indentured servitude as the primary jail sentencesentences of six monthmonths for whitewhites married to blackblacks When slavery began to replace the last decadedecades of the seven- or mulattoemulattoes In Maryland freeborne women who married source of labor in the upper South during English 20 CHAPTER TWO ANTIMI5CECENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 21
SlaveSlaves were ro serve their husbandshusband mastermasters during OfficialOfficials concluded that Negro required ancestry. must be made black and
their husbandhusbands lifetimes5 These lawlaws stripped whitewhites of racial privilegesprivilege the unfreedom of blackblacks be defined must and made universal.5 To thithis based on their with blacks. end the South intimacy upper adopted one-drop rule which defined as black these harsh sanctionsanctions some whitewhites the to marty with traceable African Despite paid price any person ancestry. Nell Irish acrosacross the color line. In Maryland in i68i68s Butler known as The adoption of rule of blacksblack hypodescent kept from transmitting fell love with slave an Nell in known as Negro CharleCharles When Nell special privilegeprivileges to the next generation through interracial sex or mar indentured informed Lord her of the ThiThis servant Baltimore master planned riage. racial tax on them from offspring precluded gaining official he warned her that she and all her descendantdescendants would live as marriage recognition of their white their white ancestry. By erasing heritage the slaves. and defiant Nell that she would rather racial classification Unswayed replied marry scheme converted mulattoemulattoes into blackblacks by type of did CharleCharles and CharleCharles than Lord Baltimore himself. She marry spent parthenogenesiparthenogenesis It was almost as the child though had been generated the of her life his indentured rest working for mastermasters probably as an by single parent without intercourse acrosacross the color line. As slavery servant. Had she not married CharleCharles her contract of servitude with hardened the linelines between whitewhites and blackblacks the racial tax on mulattoemulattoes
Lord Baltimore would have ended in four or five years. Nell reportedly increased. Their curtailed privilegeprivileges clearly identified them as nonwhite died Baltimore much broken and an old woman. Still Lord was wrong and even the lightest mulatroemulatroes were denied the privilegeprivileges of whiteness. about NellNells In the held The offspring. eighteenth century Maryland court imperative of racial boundarieboundaries consolidating was so great that that neither Nell her descendantdescendants could be slaves. mas nor Subsequently Chesapeake authoritieauthorities were to undo the tradition of willing legal pamer terters of mulatto slaveslaves who claimed to be descen familias. complained runaway long-standing English rule mandated thatchild childs statustatus dantdants Nell follow of the famoufamous Butler. that of the father. Given the initial scarcity of white women in As the of Irish Nell the problem of mulatto offspring the Chesapeake most interracial story suggestsuggests sex probably took place between white seriouserious in slave clearcut and was one economy predicated on boundary men black women. As result the of majority mulatto offipring between whitewhites and blacks. Despite lawlaws punishing interracial sex one- were free under the In English approach. i66z Virginia departed from fifth of children born out of wedlock at the end of the seventeenth cen tradition by making childchilds statustatus follow that of the mother.6 Under
were mulattoes.2 Whether slave or free these mulattoemulattoes compli thithis children like tury matrilinal approach Irish NellNells would be free but
cated the enforcement of slavery and its claimclaims to moral most mulattoemulattoes would be slaves. compromised Even mulattoemulattoes born to white mothersmother
authoriry. Mulatto slaveslaves who could passpas as white were considered partic enjoyed only tenuoutenuous liberties. Under 169r Virginia law they could ularly risky because they could easily run and detec still be sold as until the properry away escape servantsservant age of thirty. MulattoeMulattoes could not hold tion. In in whitewhites refused bid male slave because 1835 Virginia to on one public office and by free mularmoemularmoes 1723 were stripped of many of the he was too white and too from and might easily escape slavery paspass privilegesincluding and the unrestricted voting right to bear armarms himself as free man. Later on light-skinned mulatto slaveslaves were used that white citizencitizens enjoyed.7 Virginia authoritiesauthoritie also were concerned
to call into question the propriery of slavery. favorite theme of that white fatherfathers very doting might subvert lawlaws that made their mulatto abolitionist literature was the white slave who reminded white audi offspring slaveslaves by emancipating them. To discourage manumission of enceences that they too might be held in bondage3 mulatto mastermasters had offspring to send their freedmen our of the colony With widespread interracial sex that threatened the color line the and authoritieauthorities were encouraged to eliminate roving bandbands of negroenegroes had define and confine the relevance Virginia legislature to ultimately mulattoemulattoes and other slaveslaves In Indians.8 1723 Virginia made of the mulatto. 5705 law classified mulatto as the child of an Indian private even more difficult.9 emancipation Restricting the liberty of ra and the of the child grandchild or great grandchild During cially ambiguousambiguou mulartoemulartoes was essential to ensuring their definition as Revolutionary era high raterates of emancipation coupled with VirginiaVirginias nonwhite.
rule free one-fourth black allowed some mixed-race individualsindividual to Despite formal restrictionrestrictions influential legal an and powerful white claim the had African privilegeprivileges of whitewhites although they obviously some father sometimessometime could on his rely privileged position to win local 22 CHAPTER TWO ANTIMISCEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 23
and of mixed-race child. In x8o Robert is remarkable because it demonstratedemonstrates albeit fragile informalacceptance WrightWrights story primarily the mulatto of the that white fatherfathers could confer mulatto even in Campbell County Virginia Robert Wright son privilegeprivileges on offspring
slave inherited his in the face of laws. RobertsRobert father demonstrated his wealthy white landowning father and black mother antimiscegenation the the fatherfathers estate and became well-to-do planter. RobertsRobert father lifelong power as white landowner in community by subverting legal and deter his mulatto sons white mans bachelor was estranged from his whitebrother brothers and sistersisters restrictionsrestriction on son ability to manage man estate
his substantial to his beloved son. With with the white elite and white woman. Yet even some mined to paspass on holdingholdings only mingle marry learned the land influential RobertsRobert father could his fatherfathers support and guidance Robert to manage one as as not create foolproof escape
echelonechelons of from restrictionrestrictions and that were essential to the and gained entry into the uppermost Campbell CountyCountys on personhood identity after his fatherfathers Robert mar of racial Once RobertsRobert wife left him for white white society. One year inheriting property preservation inequality. aiid minister re themulatto mulattos manlinesmanliness and his entitlement the of ried white woman. Although the county clerk never lover to privilegeprivileges
Robert and his wife lived whiteneswhiteness called into Robert free corded the marriage because of its illegality were question. was no longer to marty
openly as married couple and had child together without being ostra the woman of his choice and his neighborneighbors ceased to think of him as white. RobertsRobert cized by their white neighbors. morally deserving or racially despoiled identity as mu RobertsRobert troublestrouble began when his wife ran away with white man. latto was marked by incursionsincursion on his autonomy to associate withwhite whites
for divorce that he could he In petitioning Virginia legislatorlegislators so marry as pleased. formal of his white In other informal of mulatto children another white woman Robert sought acceptance instanceinstances though recognition
informal of his fatherfathers could reinforced racial and subverted sexual moremores that condemned privilege but the jerry-built statustatus making hierarchy
In his Robert that he incest and For in antebellum Loudon Vir not survive legal scrutiny. petition emphasized adultery. example County the ban his wife and her lover were all free. He argued that despite on ginia quadroon slave woman named Ary llved with her white paternal and valid and the of who also interracial marriage the union was to all intentintents purposepurposes uncle. There she became concubine her young master
had obtained li her cousin. Far from racial circumstancecircumstances binding between the partieparties because they marriage was challenging privilege AryArys de cense and been married by clergyman. Even if the minister had reinforced it She avoided associating too closely with blackblacks perhapperhaps the had been her mastermasters admonition involved with colored stroyed the marriage certificate marriage clearly recognized remembering not to get
decade in the because werent for her.H Nor did the situa as valid for approximately Campbell County community. men they good enough RobertsRobert White citizencitizens in the community wrote in support of petition tion trigger outrage at her sexual exploitation Ary insisted that she was and an noting his propriety kindneskindness to his wife reputation as honest herfather fathers favorite child and she proudly described her elite white heri
and her mastermasters her. The of upright and good citizen.2 tage young attentionsattention to price AryArys sense of Despite RobertsRobert statustatus in Campbell County the state Virginia of superiority to blackblacks was complete dependency on white male rela be subverted. could not permit its official ban on interracial marriage to tivetives for validation of her racial and sexual worth Because of their racial of RobertsRobert divorce could define The Virginia House DelegateDelegates decisively rejected privilege these men AryArys identity wholly in relation to be white petition making clear that Robert Wright could married to their sexual needneeds regardlesregardless of their relationship to her as father uncle woman in his community he could not be married to her in law.2 or cousin.
Robert lost in With the illusion of his whiteneswhiteness destroyed standing In general interracial relationshipsrelationship were tolerated only insofar as they
Campbell County. On tax rollrolls his designation was changed from left normnorms of racial and sexual privilege intact. By deprecating white the white White to for mulatto. When he persisted in living with women who cohabited or had intercourse with blackblacks the affairaffairs could
condemned his woman he had hoped to wed many of his neighborneighbors be dismissed as indecent and depraved. According to historian Martha
Hu.rniliated and ostracized Robert died at the of public adultery. age HodeHodes local communitiescommunitie regularly turned blind eye to black or mu
after the House of the latto and white who lived and 38 two yearyears DelegateDelegates stripped away pretense men poor women together as man wife
of his whiteness.22 so long as they remained on the outskirtoutskirts of white society. These long- 24 CHAPTER TWO ANTIMI5CECENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 25
well brief sexual could be The lower SouthSouths tolerance for interracial term liaisonliaisons as as encounterencounters explained by relationshipsrelationship was linked in characterizing the women as low-classlow-clas and licentious.24 For instance to an unwillingnessunwillingnes to adopt hard and lint legal definitionsdefinition of blackness.
North Carolina in 1825 PoIly Lane white indentured servant accused As Judge William Harper wrote in 1835 of he was convicted Jim slave rape. Although Jim pleaded innocent We cannot what admixture of blood will make colored and sentenced to death. As Jim awaited exdcution white neighborneighbors noted say negro person.
The condition of the individual is not to be determined distinct that be and became of her solely by Folly appeared to pregnant. they suspicioussuspiciou and visible mixture of but negro blood by reputation by his reception claim of rape.2 Four doctordoctors submitted statement that without an into and his society having commonly exercised the privilegesprivilege of white excitation of lust or the enjoyment of pleasure in the venereal act no man. be well and may proper that man of worth honesty child conception can probably take place. When Polly gave birth to industry and respectability should have the rank of white man while in declared to be of mixed blood Jim was eventually pardoned part vagabond of the same degree of blood should be confined to the inferior the white bad by invoking womanwomans reputation thereby demonstrating caste.32
that poor and transgressing white woman could be worth lesless to elite
whitewhites than the labor of slave.2 flexible classification scheme mulattoemulattoes profitable permitted to earn the privilegeprivileges
Where the consolidate racial and sexual lesless of whiteneswhiteness pressure to normnorms was through personal accomplishmentsaccomplishment and social connections.
intense sexacros across the color line was commonplace despite its racially ThiThis reward system enhanced themulattoe mulattoes value to whitewhites us racial White and mediatormediators MulattoeMulattoes would ambiguousambiguou consequences. men enjoyed ready open accesaccess to not identi.8r too closely with blackblacks for fear
black and mulatto mark of their untrammeled freedom and of the benefitbenefits associated women as jeopardizing with their White heritage. Toler
In the lower South for free mulattoemulattoes were rare and ance for mulattoemulattoes in of the privilege. example was so great some partparts lower South that
little threat to the of The issue of interracial sex were able to establish themselvethemselves elite. posed system slavery. they as separate In Loulsiana and mulattoemulattoes amassed was openly debated in newspapernewspapers in South Carolina in the 173o173os largeestate estates and slaveslaves to work their propertieproperties edu
wondered KisKiss black need it cated their children and one anonymouanonymous poet me or white why abroad developed their own elegant cultural trouble ThiThis laissez-faire attitude toward the color line traditions. Labeled you28 sex acrosacross CreoleCreoles these highly successfulmulartoe mulartoes kept for their social allowed wealthy white plantersplanter regularly to indulge their appetite distance from both whitewhites and blackblacks by adopting norm
black and mulatto women. In New OrleanOrleans and Charleston there was of endogamy or in-marriage.
proiftable fancy trade in mulatto women who brought twice the By the r8or8os the industrial revolution had transformed the textile
of field hand. Free mulatto and the demand for price prime women went to quadroon industry cotton had grown dramatically. Southern
ballballs in OrleanOrleans to meet white men. Under of needed number of and the New wealthy system planterplanters growing alavealaves proportion of mu known the could make formal lattoelattoes in increased. concubinage as plaulge men arrange bondage As the slave population became lighter for few for for the free mulatto mentments to support the women yearyears or life in exchange population seemed increasingly anomalousanomalouand danger sexual services.2 Without fear of social Grand reprisal plantation ownerowners set ous. juriejuries were convened to identi.fr the hazardhazards associated with
residencesresidence for black mulatto slave free mulattoes. up special and mistressesmistresse and some As one jury concluded We should have but two classesclasse the ownerowners even went so far as to bring concubineconcubines into their own homeshome Master and the slave and no intermediate clasclass can be other than where white had silence. their wivewives to endure the humiliation in At immenselymischievoumischievous to our peculiar institution.M When the lower
time when the coloniescolonie and South frowned South found it New England upper on necessary to rigidifr racial boundariesboundarie it followed the
extramarital in the lower South flouted the lead in the sexuality plantersplanter openly set upper South. StateStates punished interracial sexual contactcontacts
norm of in Tolerance of commodified free of color fidelity marriage. concubinage encouraged people of whom 75 percent were mulatto to black and but of white leave the mulatto women it also damaged the statustatus jurisdiction and adopted one-drop mle that denied the rele
women. One northern visitor to the South in remarked that the vance of mixed-race reinforced 1809 originorigins altogether. VigilantesVigilante these legal and reserve of southern of the those dull frigid insipidity women was one changechanges by punishing who had interracial sex and by threatening
most insidiousinsidiou costcosts of slavery.1 free people of color with violence. 26 CHAPTER TWO ANTIMISCEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 27
had been Consolidated in the South before further de Although the one-drop rule To prevent transgressionstransgression self-appointed vigilante groupgroups
the Civil War the war and its aftermath threatened to undo racial livered swift and terrible punishment to black men suspected of con
boundaries. better calculated than the of inter with white The Ku Klux Klan formed at about thithis Nothing was prospect sorting women. the racial sex and marriage to stir up fearfears that Color line was crumbling time and it sometimessometime lynched freedmen prominent in Reconstruction
completely. For thithis reason when calling for emancipation orthodox politicpolitics under the guise of retribution for the misrreatment of white
abolitionistabolitionists shunned the issue of sex and marriage acrosacross racial bound women.40 Through thithis clandestine attack on interracial relationsrelation whitewhites
interracial aries. Indeed when freethinkerFranci Francis Wright established an were able to send clear message that political equality would not dis
community and called for amalgamation of the raceraces she was promptly mantle the color line. RestrictionsRestriction on sex marriage and family would aboli dubbed the priestespriestess of Beelzebub and dropped by mainstream continue to be cornerstone in defining racial difference.
tionisttionists who feared her radicalism would hurt the movement.36 Similarly Although black men suspected of having sex with white women could
after the war most Reconstruction effortefforts focused on political equality be lynched4 black women were unable to fend off the advanceadvances of white
such as the right to vote sit on juriejuries and hold office. Republican re men. Ironically once slavery ended black and mulatto women found would lead social formerformers deflected concernconcerns that political equality to it more difficult than during the antebellum period to limit their sexual When equality as typified by race-mixing in integrated communities. availability to only one white male. As result the number of mulatto
the ridicule the did southern DemocratsDemocrat coined term miscegenation to quest offspring increased after emancipation. Reconstruction legislatorlegislators try
for racial chided their black and mulatto from EffortsEffort equality during Reconstruction RepublicansRepublican op to protect women sexual exploitation.
for that cross-racial sexual liaisonliaisons even outlaw but ponentponents implying were tempt to concubinage filed some statestates adopted bastardy statutestatutes made clear ing.37 The distinction between political and social equality that enabled black and mulatto women to file paternity suitsuits so that
that the would remain and distinct. BlackBlacks would be for white would be forced their mulatto chil raceraces separate men to support illegitimate but would remain mally rehabilitated as full personpersons before the law they dren. These bastardy statutestatutes eventually were repealed.42
subordinate in informal and intimate spherespheres of life. Even though interracial marriagemarriages were exceedingly rare during Re
Although few southern statestates did eliminate antimiscegenation lawlaws construction white southernmale males promptly reinstated antimiscegena The the after the Civil War blackwhite intermarriage dropped sharply. tion lawlaws when they regained control of state legislaturelegislatures io post-
decline because of the incentivesincentive for white With the rule racial is particularly striking strong Reconstruction era. one-drop of classification in
the color line. The rankranks of white malemales had been deci the color line could be consolidated women to croscross place43 once again officially by regu and newfound lawlaws be mated by the bloody conflict black men enjoyed statustatus lating sex and marriage. Under thithis regime antimiscegenation
and freedom of movement. Yet only in placeplaces with particularly liberal came critical to conserving the integrity and purity of the white race. become view of race relationrelations like New OdeanOdeans did some white women Without these prohibitionprohibitions blackblacks could gain accesaccess to white wealth the harsh of and blackwhite the involved with black men.38 Presumably pressurespressure public privilege through marriage. After all in marriagemarriages
opinion prevented white women and black men from crossing the color one-drop rule dictated that the heirheirs to whitefortune fortunes would be black.
line. Many whitesoutherner southerners blamed their defeat on the corrupting in Interracial sexuality outside of marriage became meansmean of establish
fluence of miscegenation ing racial power and domination. White men could enjoy the sexual favorfavors of black women with impunity but black men would pay with It doedoes seem strange that so lovely climate and country with people their livelives for sexual contact with white women. When white men im and in every way superior to the YankeeYankees should be overrun destroyed black the were and it pregnated women offspring illegitimate generally by them. But believe that God has ordered all and am firmly of
the that of the because the could not even seek support from their fhthers. The children of these opinion it is the judgement Almighty blackwhite threatened neither white nor human and brute blood have mingled to the degree it has in the slave relationshipsrelationship identity privi
if black had adulterouadulterous relationrelations with married states. Was it not so in the French and British IslandIslands and see what has lege. By contrast men
become of them.39 white women any resulting offspring threatened the racial integrityof 28 CHAPTER TWO ANTIMISCEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 29
white mens families. After lawlaws the United StateStates and it barred federal from men Reconstruction then antimiscegenation entering any state or court
reaffirmed antebellum definitionsdefinition of racial identity and reasserted the naturalizingany Chinese.53 After passage of the Act the Chinese popula
tion in the United StateStates declined superiority ofwhite whites as marital partners. White men expressed their sex precipitously. Periodically renewed and ual dominance by policing accesaccess to white women and enjoying the fa strengthened by Congress52 the law remained in force until I92
of black without of when the McCarran-Walter Act nullified racialrestriction restrictions vorvors women obligationsobligation marriage or support. and substi
tuted quota system for immigration based on national origin.53
The arrive in the United Japanese began to StateStates about twenty yearyears after the Chinese. Most Japanese emigrated to Hawaii to work in the The Chinese and Japanese Experience Racial industry and their numbernumbers were small because of restrictive Unassimilability and Sexual Subordination sugar Japa nese After emigration policies.54 2890 two important changechanges in Japanese lawlaws occurred. the number of Although antimiscegenation were used to draw racial boundarieboundaries immigration First immigrantsimmigrant increased sub between whitewhites and blackblacks the so that the outnumbered during colonial era and early yearyears of stantially by 1910 Japanese the Chinese and
nationhood the color line was well-established by the time Chinese and second Japanese immigrantimmigrants began to arrive in the western continental United Japanese began to immigrate to the United StateStates in substantial numbernumbers StateStates particularly California to replace the dwindling numbernumbers
the late of Chinese laborerslaborer and low during mid- to s8oos. DefinitionsDefinition of blacknesblackness evolved through to escape wagewages and poor working conch- but for tiontions in Hawaii.55 observcd the state legislatiqn AsiansAsian federal immigration law made their statustatus Having mistreatment of the Chinese the as nonwhitc wholly unambiguous. Much of the racializarion of AsianAsians Japanese struggled to avoid occupying the same place in the racial
took place as successive wavewaves of immigrantimmigrants were labeled nonwhite hierarchy by distinguishing themselvethemselves from the Chinese under federal and naturalization the law unassimilable unfit for citizenship. The Chinese were the first to policy. Although 2790 permitted only whitewhites to
in substantial numbernumbers after become the Chinese Exclusion Act of arrive coming 1848 when gold was discov citizenscitizen 1882 withheld the privilege
ered in California.45 the U.S. made that of naturalization from the Chinese. Several hundred Early on government plain the only Japanese suc for Chinese were not white. Under 1790 naturalization law only free cessfully petitioned citizenship in lower federal courtcourts on the ground white for that covered personpersons were eligible citizenship.46 When Chan Yong applied they were not by legislation targeting the Chinese.56 The
for in federal district federal moved citizenship t854 court denied his application government soon to clari the statustatus of the Japanese as
because he did not as white the nonwhite. In the U.S. informed President quali5 although newspaper accountaccounts at 5905 attorney general Theo time stated that he dore Roosevelt that the was lighter-skinned than most Chinese.47 Japanese were and alwayalways had been ineligible After the Civil relationrelations for naturalizationbased their One War race in America were contested Con on race. year later the attorney general issued formal gresgress amended the naturalization law to permit alienaliens of African nativ opinion to that effect.5
and of African descent thithis the ity personpersons to petition for citizenship. When Despite setback Japanese continued to try to win favorable
the naturalization law codified in the treatment under lawlaws was 2875 reference to free white immigration by highlighting their capacity to as similate person was dropped leaving open the possibility that the Chinese could to an American way of life. In 1922 case Takao Ozawa asked
naturalize. Chinese the that his for naturalization be because immigrantsimmigrant quickly capitalized on statutory un petition granted the word free was
certainty by filing petitionspetition for naturalization in San Francisco.48 Shortly more important than the word white in determining eligibility of free
federal made clear that white for thereafter court as nonwhitesnonwhite Chinese immi personsperson citizenship. Ozawa insisted that even though he was
grantgrants continued to be ineligible for citizenship.49 nonwhite he should be allowed to naturalize because he could suc
few later the federal further shoulder thc of democratic yearyears government went even in defining cessftilly responsibilitieresponsibilities freedom.58 Despite the Chinese OzawaOzawas of as undesirable nonwhite aliens. In i88z by an overwhelming proofproofs good moral character and individual accomplishment the Chinese the U.S. Court margin CongressCongres passed Exclusion Act the first statute to Supreme denied his eligibility for citizenship. According ban from the United to the OzawaOzawas group immigratingto StateStates based solely on race Court statustatus as nonwhite barred him from naturalization
or The Act Chinese of his ethnicity. prohibited any laborer or miner from regardlesregardless ability to conform to an American way of life.59 Race ANTIMI5CEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 3Z 30 CHAPTER TWO California confirmed the of Chinese women not that did not individualsindividual to escape magazine depravity by was categorical stigma one permit their removal from the ing that physical appearance was but slight through acculturation and achievement. African race.67 As the New York Tribune characterized the of from India ce early as 1854 The federal governmentsgovernment treatment immigrantimmigrants the Chinese and Chinese as lustful and sensual in their dispositionsdisposition every female is mented the racializarion of Asians.6 Unlike Japanese
the scientific prostitute of the basest order.68 Other journaljournals claimed that debauched Asian IndianIndians were treated as Caucasian under prevailing Asian Chinese malesmale went to school to white female teach the U.S. refused to find that Sunday only ravage taxonomy. Even so attorney general district ers. ReaderReaders were warned that Chinese men could nor be left alone with white but several federal IndianIndians qualified as free persons6 children littie Sexual anxietieanxieties the To the confusion the especially girls. about Chinese were courtcourts reached different conclusion.62 remedy exacerbared Christian missionariesmissionarie in decision in United StateStates by religioureligious differencesdifference as sought to U.S. Supreme Court made clear its 1923 for because they proselytize people characterized as base and lecheroulecherous pagans.62 Thind63 that Asian IndianIndians were ineligible citizenship
used the term white rather CaliforniasCalifornia lawlaws were particularly important because so many Asian were nonwhite. According to Thind CongresCongress not scientific immigrantimmigrants resided there. During the convention to draft the t879 Cali than Caucasian because it was relying on popular concep fornia the chairman the the Chinese It be true that the blond constitution of Committee on tiontions of race. As the Court explained may in the dim warned Were the Chinese to amalgamate at all with our people it Scandinavian and the brown Hindu have common ancestor man knows well that there would be the lowest most vile and degraded of our race and the result reachereaches of antiquity but the average know perfectly between them of that amalgamation would be hybrid of the most despicable mon are unmistakable and profound differencesdifference of the most detestable that has ever afflicted the earth.7 To addresaddress could not save the Japanese science grel Just as personal accomplishmentsaccomplishment these the amend from racialization. All Asianswhether concernconcerns delegatesdelegateproposed an 1878 constitutional could not save the Asian Indian restrict of Chinese and whiteswhite The Indianhad been definitively categorized ment to intermarriage intermarriage Chinese Japanese or Asian laid rest of white with Chinese mulartoemulartoes or of mixed claims of racial were decisively to personpersons negroenegroes personpersons as nonwhite. Any claim ambiguity descended from Chinaman from the third and the Court. blood or negro generation by CongressCongres the attorney general Supreme or their and wife inthi this is unassimilable and unfit for citizenship inclusive living together as man Stare hereby By labeling Asian immigrantsimmigrant The shall enforce thithis section made them for racial discrimination prohibited. Legislature by appropriate leg the federal government easy targettargets The BanBans on were one California electorate ratified the provision the following in the western statestates where they settled. intermarriage libertieliberties all of year and the California legislature quickly moved to enact antimiscege of number of state restrictionrestrictions on Asian immigrantsimmigrant nation The California Civll Code amended in s88o to mark them as inferior and undesirable. With statutes. was pro which were designed to hibit the of licenselicenses the of white federal lawlaws thestatute statutes issuance marriage authorizing union the color line clearly drawn by immigration who came to the person with negro mulatto or Mongolian.72 reinforced the temporary statustatus of Asian sojournersojourners home countries. Anti- Although levellevels of interracial sex and marriage whitewhites and Chi United StateStates to work and then return to their among the California criminalized Chinese marked the newcomernewcomers marginal and subordinate nese were quite low legislature miscegenation lawslaw white in That same the was held them from tieties to America intermarriage I9oI. year legislation statustatus prevented developing permanent unconstitutional based defect.74 California did and restricted sexual optionoptions for on procedural not re through marriage and family severely enact the statute until 1905 primarily in to intensified concernconcerns Asian men in bachelor communities. response about with of Asiaii the informed federal policy amalgamation new group immigrantsimmigrant Japa The racialized imagery that immigration accountaccounts nese.75 As with the Chinese AmericansAmerican feared what to dominated debatedebates about the personhood of Asians. Popular they presumed work in be alien racial and unbridled sexual blackblacks because of their willingnesswillingnes to Japanese immigrantsimmigrant identity im analogized the Chinese to handie freedom and their pulses. When the Japanese successfully lobbied for its na conditionconditions akin to slavery their incapacity to government tionaltionals to be from lawlaws that the Chinese One compared the Chinese exempted segregated political distinctive physical appearance.65 politician their removal to reservations.66 leaderleaders warned of the dangerdangers of white girlgirls sitting side by side in the to Native AmericansAmerican and recommended One school roomrooms with matured with their base mindminds their lascivioulascivious in turn were linked to degraded sexuality. laplaps These racial imageimages CHAPTER ANTIMISCEGENATION 32 TWO LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 33
tion that the thoughtsthought multiplied by their race and strengthened by their mode of men would return someday and send remittanceremittances in the meantime.8 life.76 CaliforniaCalifornias 1905 antimiscegenation law reflected fearfears of both Given racial difference and sexual deviance. The statute addressed eugenic con thithis combination of federal policy limited resourceresources and cul
tural the number of cerncerns that Asian immigrantsimmigrant were threat to the self-preservation of traditionstradition Chinese women coining to the United
race77 well anxietieanxieties about thc lawleslawless of StateStates thei8oo i8oos minuscule. In of whiteJ as as sexuality Japanese during was s8z 11794 Chinese only were female. Chinese immigrantimmigrants By 1870 men outnumbered Chinese women with lawlaws in about Asian in the United StateStates These Even state antirniscegenation place concernconcerns by 14 to r. severe imbalancesimbalance in turn led
had to of sexual and intermarriage persisted. In 1907 CongresCongress passed an Expatriation imageimages deprivation degradation. Men living without
of their if women in bachelor communitiescommunitie seemed deviant Act which stripped American women citizenship they mar and dangerous. The ried In in from womenwomens few Chinese women in the United StateStates foreign nationals. t92.z response to protestprotests were vulnerable to sexual ex which groupgroups CongressCongres passed the Cable Act. In general the Act did away ploitation reinforced the image of sojournerssojourner as predatory and with the of womans derivative of her debauched. to the 6x of Chinese practice treating woman nationality as According 1870 censucensus percent women choose her alle were while husbandhusbands thereby assuring wife the freedom to own prostitutesprostitute only ax percent were housekeepers.62 Chinese In the of who crossed the color line women worked in the trade giance. area race though women regularly sex after having been lured to the United StateStates with to marxyA.sian immigrantsimmigrant remained disempowered. The Cable Act con promisepromises of marriage abducted ot sold into inden tured servitude tinued to strip Anerican women of their citizenship if they married by needy families. lawlaws alienaliens ineligible to naturalize. The marital autonomy of white women Antimiscegenation arguably played more significant role in
was sacrificed to racial distinctions. sending of racial than in preserve messagemessages inferiority thwarting interracial rela AnxietiesAnxietie about lustful Moreover the Cable Act made it more difficult than before for Ameri tionships. Chinesebachelor bachelors harming white their from China. women to have been can men usually native-born Chinese to bring wivewives appear largely unfounded. Although interracial sex Because womans of her between blackblacks and whitewhites remalned woman nationality was now independent husbandhusbands relatively commonplace even under
the U.S. Supreme Court interpreted the Act as barring Chinese women antimiscegenation lawlaws Chinese men were unlikely to croscross the color
from the bascd to citizen. line to cohabit and with white entering country on marriage an American procreate women. During the early de
the had been able the United StateStates but cadecades of Chinese the affluent Previously women to come to migration only most and powerful Chinese naturalize. for dare take white wife not These provisionsprovision remained in effect ten years.8 Un might to or mistress.83 The linguistic and cultural isolation of the able to bring wivewives from China and barred by antimiscegenation lawlaws Chinese their segregation in immigrant enclaveenclaves and from limited their marrying white women even American-born Chinese had vulnerability to deportationall of these fkctorfkctors undoubtedly marital birth did them from the adverse made affairaffairs with white options. Citizenship by not spare women an unlikely prospect and Chinese men
of racial difference. remained childleschildless bachelors. consequenceconsequences frequently Indeed even as late as the 1920$ Restrictive and banbans had and Chinese chose immigration policiepolicies state on intermarriage t930t930s many men to remain single rather than inter
harsh for the who were denied accesaccess to Los particularly consequenceconsequences Chinese marry. According AngelesAngele County marriage recordrecords for 5924
to wivewives of race. Federal treated the Chinese as 5933 of the Chinese who married had any policy sojournersojourners only z3.7 percent non-Chinese
male workerworkers who would return to their home Given that there were nine Chinese for temporary eventually spouse. men every two Chinese landlands after their labor the the fulfilling contracts. Poor unable to speak English women at time majority of Chinese men must have remained
and unfamiliar with American ill- alone84 there customcustoms Chinese immigrantimmigrants were Although is lirtle evidence that the Chinese pursued white their isolation. of could for equipped to challenge Many them not even women sex and marriage western statestates continued to threaten the
afford their wivewives additional These obstaclesobstacle with criminal passage. were compounded immigrantimmigrants prosecution under anti.miscegenation laws.
cultural tradition which dictated that Chinese women their hus Far from the of bachelor by join alleviating problemproblems communitiescommunitie CongresCongress bandbands extended families. ThiThis cemented the consistently enacted that practice familyfamilys expecta immigration policiepolicies worsened the gender im 34 CHAPTER TWO ANTXMXSCRGENATION LAWSLAW AND RACIAL SOUNDARIESOUNDARIES 3$
barred Chinese from communities. When the United StateStates moved restrict labor balances. In 1875 the Page Law prostitutesprostitute entering to irrimigrant
the used enforce the from GentlemanGentlemans country. Tough interrogation techniquetechniques were to Japan 1908 Agreement permitted Japanese resi
ban. In fact the law was so intimidating that the number of Chinese dentdents to bring membermembers of their immediate fumily to the United States.95
women coming to the United StareStares dropped by 68 percent between The agreement protected the Japanese from the hardshiphardships of bache
and x88z. after the Chinese Exclusion Act lor communities. In x6 of 1876 Shortly was passed 19058 percent Japanese immigrantsimmigrant were of but the federal court in i8 held that Chinese women assumed the statustatus women by 190914 proportion exceeded percent.96 The on their and barred from the wivewives of arrival of rectified imbalancesimbalance laborer husbandshusband were entry. Only going Japanese women rapidly gender in
lawfully domiciled merchantsmerchant could enter the United States86 Immigra the immigrant community. In 1900 there were almost five Japanese men
tion lawlaws effective in creation in for the ratio had were so deterring mily that 1890 every Japanese woman. By 1910 dropped to 3.5 to
of the Chinese in the United StateStates were native born.87 and it was t.6 to i. adult only 8.7 percent by 1920 only Moreover nearly every Japanese lawlaws Restrictive immigration policiepolicies coupled with antimiscegenar.ion female was married.97
confirmed the sojournersojourners statustatus as dehumanized and degraded laborer Despite these important differencesdifference between the Chinese and Japa the Chinese immi Permitted neither to procreate nor to intermarry nese immigrant experienceexperiences both groupgroups triggered anxietieanxieties about race- outwhite America would FearFears with bachelor grant was told in effect to re-emigrate die mixing. associated communitiescommunitie persisted for the
be touched his but the fearfears the not by presence.88 Chinese surrounding Japanese arguably should have
The relief that the Chinese had from harsh the The had built only immigration policiepolicies dissipated by tzos. Japanese prosperouprosperous fhmiliesfhmilie and recordrecords came with the 1906 San Francisco earthquake. Because official communitiescommunitie in the United States. Carefully screened by the Japanese had been Chinese claimed be native-born who destroyed men to citizencitizens government immigrantimmigrants arrived with higher raterates of literacy and more
could their wivewives from China the United StateStates Between material than their bring to 1907 resourcesresource counterpartscounterpart from Europe.98 number of and thousand Chinese entered the con became successfulfarm farms and small busi 1924 ten women country. By Japanese entrepreneurentrepreneurs running
trast before 1900 only slightly more than forty-five hundred Chinese nesses. In addition to their economic accomplishmentsaccomplishment Japanese immi
women lived in America.89 ThiThis loophole was closed in 192.4 when Con grantgrants were able to forge stable same-race familiesfamilie due to the steady
restricted of Chinese studentstudents and of of gresgress entry women to wivewives clergy influx women from their home country. men professorprofessors and government officials.9 One year later the US Because the Japanese represented the anomaly of nonwhitesnonwhite with
Supreme Court upheld the law even though it barred native-born Chi material resourceresources however their self-contained communitiescommunitie sparked
nese from their America.9 The Chinese themselvesthemselve anxietiesanxietie about their sexual and marital bringing spousespouses to conflicting proclivitieproclivities among
felt the bitter of the federal female sting governmentsgovernment effortefforts to restrict whites. Some whitewhites concluded that the Japanese settlementssettlement were proof
immigration We were beginning to repopulate little now so they of the immigrantsimmigrant unassimilability and chauvinism. As one witneswitness from
passed thithis law to make us die out altogether.92 California testified before the Senate Committee on Immigration in
In contrast to the Chinese Japanese immigrantimmigrants were able to build 1924
same-race familiesfamilie in the United States. Although the Japanese also ar of have no idea of in the sense rived who great pride race they assimilating as dekaseginin or men go out to work they soon were con of do thithis with amalgamation. They not come to country any desire or vened to teiju or permanent residentsresident abroad.93 Arriving in California intent to lose their racial or national identity. They come here specifically in the midst of anti-Chinese the concluded hysteria Japanese quickly and professedly for the purpose of colonizing and establishing here perma that sojourner statustatus would subordinate and humiliate them. With the nently the proud Yamato race. They never cease to be Japanese. They of the the embarked support Japanese government newcomersnewcomer on have as little desire to intermarry as have the whitewhites and there can be of sertlement to ensure economic social strategy independence standing will no proper amalgamation you agree without intermarriage. In and to thithis was the of self-respect.94 Integral strategy immigration Japa Hawaii where there is every incentive for intermarriage the Japanese who could build self-sufficient familiesfamilie and nese women help to stable have preserved practical racial purity. 36 CHAPTER TWO ANTIMISCEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 37
At the the to establish farmfarms same time Japanese immigrantsimmigrant ability The Filipino Experience Not Compliance but Defiance and businessesbusinesse raised fearfears that they would try to convert their economic
into sexual and marital One fhrmer worried that the Chinese successuccess privilege. prop Although and Japanese generally abided by restrictionrestrictions on and wealth would lead men to covet white wivewives with one of Asian refused erty Japanese intermarriage group immigrantsimmigrant to accept race- disastrousdisastrou consequencesconsequence based limitlimits on their sexual and marital autonomy. Unlike other Asian arrived the immigrantsimmigrant FilipinosFilipino in United StateStates steeped in the Ameri Near home is an eighty-acre tract of as fine land as there is in Cslifor my can democratic tradition. Convinced of their entitlement to full per nia. On that tract livelives Japanese. With that Japanese livelives white sonhood FilipinoFilipinos fought vigorously for the freedom to date and It marry woman. In that womanwomans armarms is baby. What is that baby isnt Japa as they saw fir. white. Ill tell what that is. It is of the nese. It isnt you baby germ FilipinoFilipinos arrived on the West Coast California in the mightiest problem that ever Eced thithis state problem that will make particularly 19201920s and 193os.55 Like the Chinese most the black problem of the South look white.5 Filipino immigrantsimmigrant were male In there 2930 were 40904 Filipino men but only 1640 women. ConcernsConcern about the were of the Japanese immigrantsimmigrant sexuality magnified by By 2940 FilipinosFilipino in the United StateStates there were still seven their white schoolschools and communities. integration into Anti-Japanese men for every woman4 They too formed bachelor communitiescommunitie and
warned that the were fi.srtive at fearfears of propaganda Japanese casting glanceglances sparked miscegenation. Popular accountsaccount portrayed the Filipi
our women. would like to them.5 nos as lascivioulascivious dandiedandies with for white young They marry taste women. One anti-Filipino fearfears that men would described the Despite widespread prosperouprosperous Japanese prey spokesman immigrantsimmigrant as little brown men attired like
on white the rate of Solomon in all his like women outmarriage among first-generation Japa glory strutting peacockpeacocks and endeavoring to
or Issei was low. Los recordrecords be attract the of American and Mexican nese quite AngelesAngele County marriage eyeeyes young girls.6 The president tween and indicate that of Issei women who married only of the Commission 1924 1933 t.7 Immigration Study warned of race-mingling between
wed of the .Tssei who fewer coolie fatherfathers percent non-Japanese men men married Filipino and low-grade white mothermothers whose numerounumerous than brides. ThiThis the lowest of percent had non-Japanese was rate offspring could become seriousseriou burden. Sexual anxietieanxieties reached
for racial in the area of blackblacks such that race riotriots broke outmarriage any group By comparison pitch out in 1930 when white men became who had nonblack and of Chinese who marrkd 11.3 percent spousespouses angry at Filipino men who were socializing with white women.1
married wed non-Chinese.52 Nor is there evidence reacted toeffort efforts control their 23.7 percent any FilipinoFilipinos defiantly to sexuality. Unique that the regularlyevaded antimiscegenation lawlaws through extra Asian arrived from Japanese among immigrantsimmigrant FilipinosFilipino not foreign country marital affairaffairs with whitewhites that but from an American As produced illegitimate offspring. territory. result they had been educated in The and of communitiescommunitie American self-sufficiency successsucces Japanese presented schoolschools spoke English and were miliar with American his
in the of and civics. singular challenge interpreting significance antimiscegenation tory They felt that their discriminatory treatment betrayed could be the laws. Although banbans on intermarriage interpreted as an idealideals taught in their classroomclassrooms In school in theIsland Islands we learn mark of racial subordination for blackblacks and Chinese the same from the Declaration of equivocal Independence that all men are created equal. was not true for the autonomousautonomou But when we here find Japanese. By building prosperouprosperous com get over we people treating us as if we were be the freedom to inferior.52 munitiesmunitie Japanese immigrantsimmigrant appeared to exercising FilipinoFilipinos confounded theircritic critics by reveling in their depic but the shadow of racial restrictions. forge separate equal society in tion as sexually powerful and threatening. In 2936 San Francisco mu
Confronted with nonwhite that defied court in Time population easy categorization nicipal judge wrote magazine that FilipinosFilipino have told as inferior or whitewhites could no assume that low inter me and dependent longer bluntly boastfully that they practice the art of love with more
raterates automatically diminished status. To than white marriage signalled preserve perfection boys. The Philippine Resident Commissioner
sense of white the lack of Japanesewhite relationshiprelationships had admitadmits that superiority responded diyly Judge FilipinosFilipino are great lovers. to be attributed either to chauvinism or to thwarted Another Time Japanese sexuality. Filipino wrote to that We FilipinoFilipinos however poor are 38 CHAPTER TWO ANTIMISCEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIEs 39
from the cradle and love If that took in New Mexico valid in California. In that taught up to respect our women. to riage place was and love womenfolkswomenfolk then make the of white woman to annul her the that respect is savagery most it Judge. case sought marriage on ground
We plead guilty.2 her Filipino husband had falsely represented himself to be of Spanish
of Castilian descent. She testified that she FilipinosFilipino in California strongly resisted the application antimisce would not have married him
laws. resided in Los had she known he was because the in Cali genation Most of CaliforniaCalifornias Filipino population Filipino marriage was illegal The AngelesAngele County. California forbade marriagemarriages between whitewhites and Mon fornia. judge held that marriagemarriages between whitewhites and FilipinosFilipino were that in New the goliangolians but the Los AngeleAngeles City Council announced in 1921 Filipi legal Mexico so ethnological statustatus of the partieparties was not of annulment.2 In the California were exempt because they were not Mongolian. Eight yearyears later ground 1938 legislature passed
the California issued resolution on Utah to whitewhites and from attorney general contrary opinion concluding calling prevent FilipinosFilipino going well Chinese and there evade the ban Utah that the term Mongolian included FilipinosFilipino as as Japa to on miscegenation. obliged by outlawing
clerkclerks in Los continued to issue that same Still California nese.5 NeverthelesNevertheless county AngelesAngele whiteFilipino marriagemarriages year. dissatisfied introduced marriage licenselicenses to Filipinowhite couples.4 In 1930 lawsuit was legislator bill to void interracial marriagemarriages that took place
who outside the if would be in filed to force the clerkclerks to cease issuing licenselicenses to FilipinoFilipinos were state they illegal California. The bill died in
held that the California committee.t22 marrying whiteswhite When superior court judge
the In addition to the law of attorney generalgenerals opinion was binding5 Filipino community re circumventing by going out state FilipinosFilipino acted with outrage6 married Mexican Chinese Japanese and Eskimo women. In act most
the decisiun. mixed in Los Filipino leadersleader promptly spearheaded effortefforts to fight couplecouples AngelesAngele were FilipinoMexican. There were some Los the cultural affinitiesaffinitie between and be By 1931 four casecases were pending in AngelesAngele superior courtcourts on Filipino immigrantimmigrants Mexican women
of itself after had at time colonized the legality Filipinowhite marriages.7 Reversing only one cause Spain one Philippines. Consequently that the did include and devout Catholics. year the superior court held term Mongolian not many FilipinoFilipinos spoke Spanish were Although
Filipinos. The California court of appealappeals agreed affirming the lower Mexican-origin women were formally classified as white under Califor seldom court decision by 33 vote. According to the court of appealappeals the nia law registrarregistrars stood in the way of marriage between Mexi under the who dark California legislature had not intended to cover FilipinosFilipino anti- can woman particularly one was skinned and Filipino
law because classified man.23 The of miscegenation anthropologistsanthropologist typically FilipinosFilipino prevalence intermarriage among FilipinosFilipino was so great
and the had that over half of the children biracial.24 Far as MalayMalays not MongolianMongolians legislature presumably by 1946 immigrantsimmigrant were
thithis the debate was focused from their to bachelor immi adopted usage. Moreover original legislative accepting relegation com.munitiecom.munities Filipino their on Chinese not Filipinos. The court added that the legislature could grantgrants drew on familiarity with American law and culture to chal
amend the if wanted bar between the ban Unlike the alwayalways statute it to marriagemarriages FilipinoFilipinos lenge on intermarriage. Japanese who relied on sepa
and The California legislature did not take long to act on tate settlementsettlements FilipinoFilipinos invoked their rightrights to freedom and equality
thithis suggestion. Nine daydays before thecourt courts decision state senator before the law. When Filipino demanddemands for recognition of their frill per the sonhood introduced bill that would amend antimiscegenation statute to failed they asserted their autonomy by usingloophole loopholes to cir
preclude Filipinowhite marriages. Within few monthmonths California had cumvent racial restrictions.
adopted new law to cover negroenegroes MongoliansMongolian membermembers of the Malay
race or mulartoes. The 1933 provision remained in effect until the
California Court declared it unconstitutional fifteen Supreme yearyears Conclusion
Faced with the ban on intermarriage FilipinosFilipino did not concede defeat. Although antimiscegenation lawlaws were identical in form they served dif.
evaded law the ferent functionsfunction Instead they CaliforniaCalifornias antimiscegenation by leaving at different timetimes and for different groups. In the colo
EffortsEffort close thithis with limited nial and the of state to marry. to loophole met success. era during early yearyears nationhood banbans on intermarriage
In 1936 California court of appealappeals ruled that Filipinowhite mar- were critical to drawing the color line between indentured white servantsservant 40 CHAPTER TWO ANTIMISCEGENATION LAWLAWS AND RACIAL BOUNDARIEBOUNDARIES 41
the became and blacks. Once the color line was in place statutestatutes way the right to croscross the color line to date and marry women of their
from choice. to enforce racial hierarchy by barring blackblacks assimilating through Explicitly linlting their masculinity to romantic and marital free
Interracial continued to occur on widespread were to as the of admission marriage to whites. sex dom FilipinosFilipino unwilling forgo intimacy price and because the the American workforce. basibasis but it did not threaten white identity privilege to Though economically marginal FilipinosFilipino
black. Nor did the the and cultural isolation that doomed one-drop rule classified any illegitimate offspring as were not hampered by linguistic white could extramarital liaisonliaisons jeopardize white superiority since men the Chinese to perennial bachelorhood. Often able to communicate in black faced sanctionssanction and of American have their way with black women but men severe English aware political idealideals FilipinosFilipino had weil of democratic entitlement and acted Their col for having sex with white women. developed sense on it.
Asian immigrantsimmigrant were subject to harsh restrictionrestrictions on intermarriage lective confrontational approach to restrictionrestrictions on sexual and marital
clear from federal freedom is in the annalannals of law. although their racialidentitie identities already were immigra unique antimiscegenation lawlaws subordinate the Chinese tion law. The use of antiniiscegenation to subordinate blacks. BlackBlacks was in some wayways harsher than their use to could form same-race familiefamilies but Chinese men often remained single Al and childleschildless for life because of the shortage of Chinese women. Chinese men did not though forced to live in bachelor communitiescommunitie and economi croscross the color line to procreate. Linguistically culturally
Chinese to extramaritalliai cally isolated men were ill-equipped pursue reinforced their sonsons with white women. Their emasculation power and lascivious. lessnesslessnes even as they were portrayed as sexually degraded
with the Chinese also The penaltiespenaltie for whitewhites who became involved
in certain than for those who became involved were respectsrespect more severe in blackwhite with blacks. Although white spouse marriage mained white American women who wed Chinese immigrantimmigrants were on some of their stripped of their nationality thereby taking spousespouses
unassimilable alien qualities.
critical where the Enforcing racial subordination was particularly concerned. The of prosperouprosperous Japanese were ability Japanese immigrantimmigrants to build stable successful businessebusinesses familiefamilies and contrnunitiescontrnunitie threat
nativistnativists insisted that the ened sense of white supetiority. In response assimilate naturalization or Japanese could not through intermarriage the whatever their personal accomplishments. At same time though them assimilation nativistnativists feared that japanese racial pride made spurn
to white way of life. While intermartiage remalned daunting prospect remain the possibllity that the Japanese might choose to separate people
of racial subordination also threatened white superiority. Just when proof
lawlaws could no offer was most urgently needed antimiscegenation longer of white and unambiguousunambiguou evidence desirabllity unattainability. with anti- Although the Chinese and Japanese generally complied defied the Rather than miscegenation lawlaws Filipino immigrantsimmigrant statutes. demanded simplyevade the resrtictionresrtictions through illicit liaisonsliaison FilipinoFilipinos
LINTE RRACIALISM
Black-White Intermarriage in
American History Literature and Law
Edited by Werner SollorSollors
OXFORD UNIVERSITY PRESPRESS
2000 OXIOR.D In memoriam IJNWERSITY IRBSIRBSS
Oxford New York AthenAthens Auckland ttsngknk Pogrstd BuenoBuenos AireAires Calcutta Cape Town Chennai Dar as Salaam Delhi Florence Hong Kong Istanbul A. Jr. Karachi Kuaia Lunipur Madrid Melbourne Mexico City Mumbei Leon Htggtnbothsm
NairobiPari Paris San Paulo Toronto Warsaw Shanghai Singapore Taipei Tokyo February 25 1928December 14 1998 and associated companiecompanies in
Berlin lbedan
Copyright 5000 by Oxford University PresPress Inc.
Published Oxford by University PresPress 198 MadIson Avenue New York New York 20016
Oxford Is registered trademark of Oxford University Press.
All rightrights reserved. No part of thithis publicafion maybe reproduced
stored In retrieval system or transmitted ni any form or by any meanmeans
electronic mechanical photocopying recording or otherwise
without the prior permission of Oxford University Press.
Library of ConesConess Cataloging-In-Poblication Data
lnterraclalism Black-white intermarriage in American history
literature and law edited by Werner Soliors.
p. cm.
IncludeIncludes blblIoaphlcal referencereferences and Index. ISBN 0-19-512850-7 ISBN O-i9-512857-5 pbk.
1. InterracIal marriageUnited StatesHistory.
2. MIscegenationUnited StateeHistory. 3. RacIally mixed people United StatesHistory. 4. MIscegenationLaw and legislation.
United StatesHistory. 5. MIspeganadonin literature.
6. RacIally mixed people In literature. I. SollorSollors Werner. HQIO31.18 2000 308.8480973don 99-32521
98765432
PrInted In the United StsteStstes of America on acid-free paper 42 Woodson The BeginningsBeginning of Miscegenation 43
the operation of those natural lawlaws which are so often quoted by Southern writerwriters There is much evidence of further extension of thithis inuiosion in the Mediter as the justification of all sortsorts of Southern policiesare questionquestions which the ranean world. good citizen may at least turn over in his mind occasionally pending the settle Recent discoveriesdiscoverie made in the of the principality of Monaco and ment of other complicationscomplication which have grown out of the presence of the Negro vicinity and would seem to reveal otherothers in Italy western France saysays MacDonald on thithis continent. the actual fact that many thousand yearyears ago negroid race had penetrated
into tracetraces at the in the through Italy France leaving present day physiognomy
of the peoplepeoples of southern Italy Sicily Sardinia and western France and even
in the western partparts of the United Kingdom of Great Britain and Ireland. There The BeginningBeginnings of Miscegenation are even at the present day some exampleexamples of the Keltiberian peoplepeoples of western of the WhiteWhites and Black Scotland southern and western WaleWales southern and western Ireland of distinctly
negroid aspect and in whose ancesuy there is no indication whatever of any CARTER 0. WOODSON connection with the West IndieIndies or with Modem Africa. Still more marked is
thithis feature in the peoplespeople of southern and western France and of the other partparts
of the Mediterranean already mentioned. Although science has uprooted the theory number of writerwriters are loath to give
the contention that the white is Because of of the thithis infusion of African blood was up race superior to otherothers as it is still hoped that the temperament Portugese
the Caucasian race may be preserved in its purity especially so far as it meanmeans still more striking in their country. As the Portugese are good-natured people
miscegenation with the blacks. But there areother others who expresexpress doubt that the void of race hate they did not dread the miscegenation of the races. One findfinds in
integrity of the dominant race has been maintained.L ScholarsScholar have for centuriecenturies southern Portugal strong Moorish North African element and also an old
differed as to the composition of the mixed breed stock constituting the Medi intermixturewith those NegroeNegroes who were imported thither from Northwest Af
terranean race and especially about that in Egypt and the Barbary States. In that rica to till the scantily populated southern provinces.4 ThiThis miscegenation among
part of the dark continent many inhabitantinhabitants have certain characteristicscharacteristic which are the Portugese easily extended to the New World. Then followed the story of the
more Caucasian than negroid and have achieved more than investigatorinvestigators have been Caramarii the descendantsdescendant of the Portugese who after being shipwrecked near
willing to consider the civilization of the Negro. It is clear however that although Bahia arose to prominence among the Tupinambo IndianIndians and produced clan the of people northern Africa cannot bc classed as NegroesNegroe being bounded on of half-casteshalf-caste by taking to himself numerousnumerou native women. ThiThis admixture the south the of African the when by massemasses blackblacks they have so generally mixed their served as stepping stone to the assimilation of NegroeNegroes they came.
blood with that of the blackblacks that in many partparts they are no nearer to any white There immigrated later into Brazil other settlersettlers who mixing eagerly with the
stock than the NegroeNegroes of the United States. AmerindianAmerindians gave rise to race called MamelucosMameluco who began to mix maritally ThiThis miscegenation to be sure increased toward the south into central Africa with the imported Negro women. The French and Dutch too in caring for their
but it has extended also the north and the educated to east into Asia and Europe. TraceTraces of offspring by native women promoted same. They them set them
Negro blood have been found in the Malay StateStates India and Polynesia. In the free lifted them above servitude and raised them socially to the level of the Arabian Peninsula it has been so extensive as to constitute large group there whites6 so that today generally speaking there are no distinctiondistinctions in society or called the Arabised But This Negroes. most significant of all has been the invasion of politicpolitics in Brazil. Commenting on thithis condition in Brazil Agassiz said Thi
Europe by personpersons of African blood. Professor Sergi leadleads one to conclude that hybrid clasclass although more marked here because the Indian is added is very the ancient Pelasgii were of African origin or probably the descendantsdescendant of the race numerounumerous in all citiecities perhapperhaps the fact so honorable to Brazil that the free which settled northern Africa and southern Europe and are therefore due credit Negro has loll accesaccess to all privilegeprivileges of any free citizen rather tendtends to increase for the achievementsachievement of the and early Greek Italian civilizations.2 than to diminish that number. After emancipation in Brazil in 1888 the already
marked tendency toward thithis fusion of the slave and the master classeclasses gradually
increased.7
From Carter 0. of Woodson The Begin ga Miscegenation of the WhiteWhites and Blacks. The
Journal a/Negro History 3.4 October 1918 335353.
I. MacDonald Trade PoliosesPoliose and Chrissiantey in Africa and the East chapter on inter-racial marriage 3. RateRates 330. Report s/Fins/Fins CongresCongress 1911 p. 239 said The 334.344 p. Journal a/Negro Hiseoy pp. 329 4. is eke 98. Johnston The Negro New Worl4 p. 2. 330 Ci. Report s/Fin Race CongresCongress 1911 p. Spiller ed. PaperPapers on Inter-Racial Prob 5. 78. Ibid. p. knit Conunanicaeed so the Fine Universal RaceRaces Held at the CongresCongress University a/London July 26 6. 9899. Ibid. pp. 29 P.S. and 1911j..ondon King Son 1911 Ed. MacDonald Trade PolitiesPolitie Christianity when mixed 7. AuthoritiesAuthoritie consider theAsnerindian Asnerindians the most fecund stock in the country especially p.235 and Contemporary Review August 1911. with an effission of white or black blood. AgassiAgassis Journey in Bran in 1868. of 45 44 Woodson The BeginningsBeginning MiscegenatIon
of interests. In the coloniescolonie in which the laborerslaborer were largely The SpaniardSpaniards mixed lesless freely with the NegroeNegroes than did the Portugese but out of community of thithis admixture was but in the mixed just the same. At first they seriously considered the inconveniencesinconvenience which of one clasclass or the other not so much feared of the two miscegenation usually en might arise from miscegenation under frontier conditionconditions and generally refrained plantationsplantation having considerable sprinkling
from extensive intermingling. But men are but men and as Spanish women were sued. enacted in in 1661 as to the far too few in the New World at that time the other sex of their race soon yielded The following therefore was Maryland response
house to what it intended should become to the charmcharms of women of African blood. The rise of the mixedbreed breeds too further question of the council to the lower as or other Christiannationsnation as married NegroeNegroes facilitated the movement. SpaniardSpaniards who refused to intermingle with the blackblacks of such free women of the English The readreads forasmuch as diverdivers freeborn English found it convenient to approach the hybridhybrids who showed lesless color. In the course or other slaves.0 preamble And
free and to the of our nation do of time therefore the assimilation of theblack blacks was as pronounced in some of women forgetful of their condition disgrace which alsodiver divers suitsuits arise touching the the Spanish coloniecolonies as in those which originally exhibited lesless race antipathy. intermarry with negro slaveslaves by may and doth befall the master of such negroes There are millionmillions of Hispanicized NegroeNegroes in Latin America. Many of the mixed issue of such women great damage negroe such free-born women from such shameful breedsbreed however have Indian rather than Negro blood.8 for preservation whereof for deterring enacted That whatsoever free-born woman shall intermarry with Miscegenation had its best chance among the French Not being disinclined to matchematches be it the and after the last of the assembly shall serve mingle with NegroesNegroe the French early faced the problem of the half caste which any slave from day present
life of her and that all the issueissues of was given consideration in the most human of all slave regulationsregulation the Code Noir. master of such slave during the husband their fatherfathers were. And It provided that free men who had children from their concubinage with women- such free-born women so married shall be slaveslaves as
enacted all the issuesissue of or other free-born slaveslaves if they consented to such concubinage should be punished by fine of be it further That English women
shall the master of their till they two thousand poundpounds of sugar. But if the offender was the master himself in that have already married negroenegroes serve parentparents and addition to the fine the slave should be taken from him sold for the benefit of be thirty yearyears of age no longer.2
all of Maryland did not manifest the hospital and never be allowed to be freed excepting that if the man was not According to A. 3. Calhoun however planterplanters said because of thithis custom indentured servants. PlanterPlanters married to another person at the time of his concubinage he was to marry the so much ire among with married white servantservants to Negroes in order to transform woman slave who together her children should thereby become free. Mas he sometimessometime women Negroe into slaves. ThiThis was in violation of the ancient terters were forbidden to constrain slaveslaves to marry against their will. Many French the NegroeNegroes and their offspring children of free the father being slave follow men like those in Haiti married their Negro mistressesmistresse producing attractive half unwritten law that the woman The rise to an interesting caste women who because of their wealth were sought by gentlemen in preference the statusstatu of their mother and are free. custom gave the to by Lord Baltimore to their own women without dot. case. Irish Nell one of servantsservant brought Maryland when he returned to Following the custom Among the English the situation was decidedly different. There was not so was sold by him to planter England. he soon married her to much need for the use of Negro women by Englishmen in the New World but of other mastermasters who held white women as servantservants slaves. Baltimore used his there was the same tendency to cohabit with them. In the end however the Negro named Butler to produce Upon hearing thithis law but the of it was construed by the English unlike the LatinLatins disowned their offspring by slave women leaving these influence to have the repealed abrogation have effect on the statustatus of her offspring almost children to follow the condition of their mother. There was therefore not so Court of AppealAppeals not to any Butler sued for their freedom on the ground much lesless miscegenation among the English but there remained the natural ten century later when William and Mary
thithis white woman. The Provincial Court had granted dency so to denounce these unionunions as eventually to restrict the custom ss it is that they descended from tri in thithis decision the Court of reversed the lower today to the weaker typetypes of both raceraces the offspring of whom in the case of them freedom but AppealAppeals before the measure slave mothermothers became.a commodity in the commercial world. bunal on the ground that Irish Nell was slave repealing 1787 when the daughter There was extensive miscegenation in the English coloniescolonie however before the the act had been passed. ThiThis case came up again Mary Both tribunaltribunals then race as could realize the need for its of William and the State for freedom. majority apparent maintaining integrity. Mary Butler petitioned
With the development of the industrieindustries caine the use of the white servantservants as well decided to grant thithis petition.3 as the slaves. The statustatus of the one differed from that of the other in that the former at the expiration of his term of service could become free whereawhereas the latter was doomed to servitude for life. In the absence of social distinctionsdistinction be
10. The in 3233. tween these two classeclasses of laborerlaborers there arose considerable intermingling growing Brackett Negro Masyland pp. white who married one of her own slaves. See Tyson 11. Benjamin BannekerBannekers mother was woman
Benjamin Banneker p. 3.
the General Assembly 16371664 pp. 533534. 12.Archive Archives of Maryland ProceedingsProceeding of 94. 8. The in the New 135. l2a. Calhoun. Social .1/istero of the American Family. p. Johnsron Negro World p. 46 Woodson The BeginningsBeginning of Miscegenation 47
The act of repeal of 1681 therefore is self explanatory. The preamble readsread And be it farther enacted by the authority aforesaid by and with the advice and
That from and after the end of thithis session of Forasmuch as diverdivers freeborn English or white women sometimesometimes by the in consent aforesaid present assembly that all free women having bastard children by white men and their issue stigation procurement or connivance of their mastermasters mistressesmistresse or damedames and negro shall be subject to the same penaltiepenalties that white women are by the act aforesaid alwayalways to the satisfaction of their lascivioulascivious and lustful desiresdesire and to the disgrace for having bastardbastards by negro men7 not only of the English but also of many other Christian nationnations do intermarry with NegroeNegroes and slaveslaves by which meanmeans diverdivers inconveniencesinconvenience controversiescontroversie Virginia which faced the same problem did not lag far behind Maryland. In and suitsuits the issue or children of such free-born women may arise touching 1630 the Governor and Council in Court ordered Hugh DaviDavis to be soundly
aforesaid for the whereof for the future Be it enacted That if the prevention whipped before an assembly of NegroeNegroes and otherothers for abusing himself to the marriage of womanservant with slave shall take place by the any any procurement dishonor of God and shame of Christianby defiling his body in lying with of permission of the master such woman and her issue shall be free. It enacted Negro which he was to acknowledge next Sabbath thy. In 1662 the colony im penalty by fine on the master or mistresmistress and on the person joining the partieparties posed double finefines for fornication with Negro but did not restrict intermarriage in marriage.4 until 1691.18 The wordwords of the preamble give the reasonsreason for thithis action. It saysays The effect of thithis law was merely to prevent mastersmaster from prostituting white And the of that abominable mixture and issue which women to an economic purpose. It did ndt prevent the miscegenation of the two for prevention spuriouspurious hereafter increase inthi this dominion as well by mulattoemulattoes and In races. McCormac saysays Mingling of the raceraces in Maryland continued during the may negroenegroes diandians intermarrying with English or other white women as by their unlawful eighteenth century in spite of all lawlaws against it. Preventing marriagesmarriage of white accompanying with one another Be it enacted by the autharitie aforesaid and it is servantservants with slaveslaves only led to greater social evil which caused reaction of hereby enacted That for the time to come whatsoever English or other white man public sentiment against the servant. MasterMasters and society in general were bur or woman being free shall intermarry with negro mulatto or Indian man or dened with the care of illegitimate mulatto children and it became necessary to woman bond or free shall within three monthmonths after such marriagebe banished framelaw laws compelling the guilty partieparties to reimburse the mastersmaster for the main and removed from thithis dominion forever and that the justicejustices of each respective tenance of these unfortunate waifs15 To remedy thithis lawlaws were passed in 1715 countie within thithis dominion make it their perticular care that thithis act be put in and reduce of for white 1717 to to thestatu status servant seven yearyears any man or effecruall execution.
white woman who cohabited with any Negro free or slave Their children were If any free English woman should have bastard child by any Negro or mulatto made servantservants for thirty-one yearyears black thuthus concerned was reduced to slavery she should the of fifteen within month after such for life and the maintenance of the bastard children of women servantservants was made pay sum poundpounds sterling one bastard child should be born to the church wardenswarden of the parish where she incumbent upon masters. If the father of an illegitimate child could be discovered should be delivered of such child and in default of such she should be he would have to support his offspring. If not thithis duty fell upon the mother who payment taken into the of the said churchwarden wardens and of for five had to discharge it by servitude or otherwise possession disposed and such bastard child should be bound out as servant by the church As what had been done to prevent the admixture was not sufficient the yearyears wardenswarden until he or she should attain the of and in case such Maryland General Assembly took the following action in 1728 age thirty yearyears English woman that should have such bastard child be servant she should be
sold by the church wardenswarden after her time is expired that she ought by law to WhereaWhereas by the act of assembly relating to servantservants and slaveslaves there is no serve her master for five yearyears and the money she should be sold for divided as provision made for the punishment of free mulatto women having bastard cliii before appointed and the child should serve as aforesaid9 dren by negroesnegroe and other slavesslave nor is there any provision made in the said act It was further provided in 1753 that if any woman servant should have bastard for the punishment of free negro women having bastard children by white men child by Negro or mulatto over and above the yearyears service due to her master and forasmuch as such copulationcopulations are as unnatural and inordinate as between or she should immediately the of her time to her then white women and negro men or other slaves. owner upon expiration Be after or down to the churchwarden wardens of the wherein it enacted That from and the end of thithis present session of assembly present master owner pay parish
that all such free mulatto women having bastard children either within or after such child should be born for the use of the said parish fifteen poundpounds current
the dine of their their shall be the service and issue subject to same penaltiespenaltie money of Virginia or be sold for five yearyears to th use aforesaid and if free that white and their issue for mulatto the women are having bastardbastards by act Christian white woman should have such bastard child by Negro or mulatto
entitled An act relating to servantservants and slaves.
17. Dorsey The Genera Public Statutory Law and Public Local Law afare of Maryland from 1692
14. Hard Law of Freedom and Bondage Vt 2492s0. 79. pp. 1839 p.
15. McCorrnac. White .SenituAe in Marvtand in D.h..L O._ .1 48 Woodson The BeginningsBeginning of Miscegenation 49
and confessed it of his accord. In for every such offence she should within one month after her delivery of such Justice as seemseems own 1727 white woman
bastard child pay to the church wardenwardens for the time being of the parish wherein wai indicted in the General Court because she had left her husband and was
such child should be born for the use of the said parish fifteen poundpounds current cohabiting with negro slave.. So far as general loosenessloosenes was concerned thithis law of 1715 had force. who money of Virginia or be by them sold for five yearyears to the use foresaid and in no Brickeil was physician saysays that white men of churchwarden wardens should bind the child the suffered deal from kind of venereal disease both the said casecases the said to be servant colony great malignant which of took from the slaves.24 until it should be of thirty-one yearyears age. they the And for further prevention of that abominable mixture and the spuriousspuriou By law of 1741 therefore the colony endeavored to prevent what the General called that issue which may hereafter increase inthi this his majestymajestys colony and dominion as Assembly abominable mixture and spuriousspuriouissue which hereafter well by English and other white men and women intermarrying with NegroeNegroes may increase inthi this government by white men and women intermarrying with
or mulattoemulattoes as by their unlawful coition with them it was enacted that what IndianIndians NegroesNegroe musteemustees or mulattoes. It was enacted that if any man or
soever English or other white man or woman being free should intermarry with woman being free should intermarry with an Indian Negro mustee or mulatto
Negro or mulatto man or woman bond or free should by judgment of the man or woman or any person of mixed blood to the third generation bond or
be committed there remain he of the county court to prison and during the space of six free should by judgment county court forfeit and pay the sum of fifty monthmonths without bail or main-prize and should forfeit and pay ten poundpounds current poundpounds proclamation money to the use of the parish It was also provided that
nney of Virginia to the use of the parish as aforesaid. It was further enacted if any white servant woman should during the time of her servitude be delivered
that no minister of the Church of England or other minister or person whatso of child begotten by any Negro mulatto or Indian such servant over and the ever within that colony and dominion should thereafter presume to marry white above time she was by thithis act to serve her master or owner for such offence with mulatto should be sold the Church man Negro or woman or to marry white woman with Negro by wardenwardens of the parish for two yearyears after the time
or mulatto of and for such indenture otherwise had man upon pain forfeiting paying every marriage the by or expired.26
of ten thousand of tobacco.2 The pf the whites and blackblacks sum poundpounds miscegenation white extended so widely that it became
It later that these of developed lawlaws did not meet all requirementrequirements for there were matter concern to the coloniescolonie farther north where the Negro population was
in subsequent yearyears so many illegitimate children born of such mothermothers that they not considerable. Seeking also to prevent thithis spuriousspuriou mixt issue MassachusettsMassachusett
became public charge.21 Those of Negro blood were bound out by law Accord enacted in 1705 that Negro or mulatto man committing fornication with an
ing to Russell In 1727 it was ordered that David JameJames free negro boy be English woman or woman of any other Christiannation should be sold out
to Isdel is to teach to read bible also of the or of other Christian bound Mr. JameJames who him ye distinctly ye province. An English man man any nation com trade of that he him ClarkClarks take fornication with gunsmith carry to ye office Indenture to mitting Negro or mulatto woman should be whipped and the that purpose. By the Warwick County court it was ordered that Malacai woman sold out of the province. None of her MajestyMajestys English or Scottish
mulatto boy son of mulatto Betty be by the Church WardensWarden of thithis Parish subjectssubjectnor of any other Christian nation within that province should contract bound ThomaThomas learn the of with to Hobday to art planter according to law. By order matrimony any Negro or mulatto under penalty imposed on the person of the Norfolk County court about 1770 free negro was bound out to learn joining them in marriage. No master should unreasonably deny marriage to his the trade of tanner. 22 with of the Negro one same nation any law usage or custom to the contrary In making more stringent regulationregulations for servantservants and slaveslaves North Carolina notwithstanding.27
provided in 1715 that if white servant woman had child by Negro mulatto There was much social contact between the white servantservants and the NegroeNegroes in
or Indian she must serve her master two yearyears extra and should pay to the Church Pennsylvania where the number of the latter greatly increased during the st of wardenwardens immediately on the expiration of that time six poundpounds for the use of the quarter the nineteenth century Turner saysays white servant was indicted for
parish or be sold four yearyears for the use aforesaid.n clergyman found guilty of thithis offence in Sussex County in 1677 and tract of land there bore the name of
at such should be fined This Mulatto Hall. the writer officiating marriage fifty pounds. Thi law according According to same Chester County seemed to have to Bassett did not succeed in preventing such unions. Two ministerministers were in large number of these casecases and laid down the principle that such admixture should dicted within two yearyears for performing such marriage ceremony. In one case be prohibited the suit was dropped in the other case the clergyman went before the Chief
24. Thid. 5859. See alsa Natural History North Carolina pp. of p. 48 and HawkHawks History of North 126127 Carolina II pp.
20. StatuseStatuses 360362. 25. Revised LawLaws North Honing Laxe VI pp. Potter of Carolina I. p. 130.
21. Old ChurcheChurches and FamilieFamilies 366. 26. 157. Mnade of Virginia p. Ibid. p.
22. Free in 27. .41 attach toserostosero RuseU Negro Virginia. pp. 138139. CharterCharters etc. p. 747 Hurd Law s/Freedom and Bondage VI. p. 262. The BeginningsBeginning of 51 50 Woodson Miscegenation
his Masters Consent likewise exceedingly impertinent to white people in low circumstances.. sol For that hee referring to white man Contrary to Master Swan anna. David emnly swear have seen more white women married to and deluded through hath. got wth child certaine molato wooman Called the artarts of seduction in one in than for LewiLewis Constable of Haverford Returned Negro man of his And white woman by negroesnegroe year Philadelphia eightyear years was visiting IndieIndies and the Southern know black man who for having Bastard Childe. the Negroe said she Intised him and promised West States. Confest the the Court ordered that seduced young white girl. who soon after married him and died with him to marry him she being examined same broken heart. On her death he said that he would not himself to have she shall receive Twenty one lashelashes on her bare Backe. and the Court ordered disgrace of negro wife and acted accordingly for he soon after married white woman. the negroe never more to meddle with any white woman more uppon paine There are hundreds of white thus ftscinated black in his life.29 perhapperhaps hundred women thu by men
thisthi city and there are thousandsthousand of black children by them at present4 in his Advertising for Richard Molson in Philadelphia 1720 master said He is in with white woman named Mary who is supposed now goegoes for company reaction thereafter set in against thithis custom during the first decade of the wife and white man named Garrett Choise and Jane his wife which said nineteenth century when fugitivefugitives in the rough were rushing to that State and In white people areservant servants to some neighborsneighbor of the said Richard Tilghman. culminated in an actual campaign against it by 1820. That year petition from 1722 woman was punished for abetting clandestine marriage between white Greene County said that many NegroeNegroes had settled in Pennsylvania and had been woman and Negro. In the Pennsylvania Gazette June 1749 appeared the able to seduce into marriage the minor children of the white inhabitants.35Thi This who with notice of the departure of Isaac Cromwell mulatto ran away an county therefore asked that these marriagesmarriage be made an offence against the lawlaws English servant woman named Anne Greene.3 of the State. Such marriage was the cause of riot in Columbia in 1834 and in The Assembly therefore upon petition from inhabitantinhabitants inveighing against 1838 the membermembers of the Constitutional Convention engaged in heated discudiscus thithis custom enacted prohibitory law in 1725. ThiThis law provided that no minister sion of the custom.36 PetitionPetitions were frequently sent to the legislature asking that lawslaw of that or magistrate or other person whatsover who according to the pastor thithis admixture be penalized by law but no such action was ever taken. Relying whatever province usually joined people in marriage should upon any pretence upon public opinion however the advocatesadvocate of racial integrity practically suc the of hundred join in marriage any Negro with any white person on penalty one ceeded. MarriageMarriages ofwhite whites and blackblacks eventually became so odiouodious that they led white should pounds. And it was further enacted that if any man or woman to disturbancesdisturbance as in the case of the riot of 1849 one of the causecauses of which was cohabit or dwell with Negro under pretense of being married such white any that white man was living with Negro wife. ThiThis was almost ineffective man or woman should be put out of service as above directed until they come to however in the prevention of race admixture. Clandestine intermingling went on should inter the age of thirty-one yearyears and if any free Negro man or woman and tended to increase in enormousenormou proportions. The conclusive proof of thithis is should become slave marry with white man or woman such Negro during that in 1860 mulattoesmulattoe constituted one third of the Negro population of Penn life to be sold by order of the justice of the quarter sessionsessions of the respective sylvania. adul county and if any free Negro man or woman should commit fornication or PersonPersons who professed seriously to consider the future of slavery therefore such should be sold as tery with white man or woman Negro or NegroeNegroes any saw that miscegenation and especially the general connection of white men with servanr for seven and the white man or woman should be punished as the yearyears their female slaveslaves introduced mulatto race whose numbersnumber would become dan law directdirects in casecases of adultery or fornication.32 gerougerous if theaffection affections of their white parentsparent were permitted to render them in ThiThis law seemed to have very little effect on the miscegenation of the racesrace free.38 The AmericanAmericans of the future would thereby become race of mixed breedbreeds therecord records of mulattoesmulattoe certain parts. In Chester County according to 1780 rather than white and black population. As the lust of white personpersons for those constituted one fifth of the Negro population.33 Furthermore that very year when of color was too strong to prevent thithis miscegenation the liberty of emancipating the State of Pennsylvania had grown sufficiently liberal to provide for gradual their mulatto offspring was restricted in the slave StatesState but that of selling them emancipation the law against the mingling of the racesrace was repealed. Mixed mar remained.30 riageriages thereafter became common as the white and the blacksblack in the light of the These lawlaws eventually therefore had their desired effect. They were never American Revolution realized liberty in its full meaning. ThomaThomas Branagan said intended to prevent the miscegenation of the racesrace but to debase to still lower themselvethemselves There are many very many blackblacks who. begin to feel conse
quential will not be satisfied unlesunless they get white women for wivewives and are
34. SeriouSerious Somerset March Bransgan Remonstrance pp. 68 69 70 71 73 74 75 102 Whig 12 1818 and Unton EgmeEgmes August 15 1834.
35. and American 1821.. 29. 30. Journal of Senate 18211821 p.2I3 Daily Advertiser January 23 Ibid. p. 36. and DebateDebates she Convention 230. 30. The American Weekly Mercury Philadelphia August 20 1720. ProceedingsProceeding of of 1838. p.
37. The Spirit ef the TimeTimes October 10 11 12 13 17 19 1849. 31. The Pennsylvania Gazeeee June 1749. 38. Harriet flew and 10. 32.Statuse Statuses 62. Mardneau of Slavery Emancipation p. as Large IV p. 52 Woodson The BeginningsBeginning of Miscegenation 53
statustatus the of the blacksblack who in of offspring spite public opinion might intermarry number of quadroonquadroons and who elsewhere octoroons4 crossed over to the other with the white and to leave of color without poor women women protection race.
white for whereas white against men who might use them convenience wherea women White ashamed men of the plantersplanter who abused helpleshelpless black women are now and black men would gradually and distinct in their social relations. grow separate trying to minimize the of thithis prevalence custom. Such au effort however meanmeans thereafter the of blackblacks and whitewhites did not instead Although offspring diminish little in the face of the factfacts that one seventh of the NegroeNegroes in the United StateStates of assimilated to the of the Caucasian tended to con being gradually type they had in their veinveins amount of Caucasian blood in any 1860 and according to the stitute classclas called of color peculiar commonly people having higher social last censucensus more than one fifth of them have thithis infusion. Furthermore the than that of the blacksblack but classified with all other of African statustatus finally personsperson testimony of travelertravelers inthi this the country during slavery period support the con blood as Negroes. tention that race admixture was common.4
While it later became capital offence in some of the slave StatesState for Negro So extensive did it become that the most prorn.inent white men in the country toured thithis from man to cohabit with white woman Abdy who country 1833 did not Franklin escape. Benjamin seemseems to have made no secret of his associationassociations lawlaws enforced. said was to 1834 doubted that such were man he hanged with women.47 Russell Negro connectconnects many of these casecases with the master clasclass for thithis crime New Orleans. The of his mastermasters not long ago at partner guilthisguilthi in Virginia.4 There are now in Washington NegroesNegroe who call themselvesthemselve the daughterendeavored to save his life by avowing that she alone was to blame. descendantsdescendant of two VirginiansVirginian who attained the presidency of the United States. She died shortly after his execution.4 With the white man and the Negro woman The abolitionistsabolitionist made positive statementsstatementabout the mulatto offspring of Tho the situation was different. sister of President M.adison once said to the Rev mas Goodell lamented Jefferson. the fact that Jefferson in his will had to entreat erend George Bourne then Presbyterian minister in Virginia We Southern the legislature of Virginia to confirm his of bequest freedom to his own reputed ladieladies with the of but the are complimented name wivewives we are only mistressesmistresse enslaved that remain offspring they might in the State of their nativity where of seraglios. The mastermasters of the female slaveslaves however were not alwayalways the only their familiefamilies and connectionsconnection were.49 Writing in 1845 the editor of the Cleveland personpersons of loose morals. Many women of color were also prostituted to the pin- American expressed regret that notwithstanding all the serviceservices and sacrificessacrifice of of white men4 and overseers.42 Goodell well-authenticated poseposes young reportreports Jefferson in the establishment of the freedom of thithis country his own son then account of respectable Christian lady at the South who kept handsome mulatto living in Ohio was not allowed to vote or bear witnesswitnes in of court justice. The female for the of her method of she use genteel son as deterring him as said editor of the Ohio Star said We are not sure whether thithis is intended as from indiscriminate and Harriet Martineau discovered vulgar indulgences.43 statement of actual or of what fact might possibly and naturally enough be true. who young white man on visiting southern lady became insanely enamored of The Cincinnati Herald Is thithis fact it inquired If so ought to be known. PerhapPerhaps her maid. He her but the refused intelligent quadroon sought to purchase owner the be induced Democracy might to paspass special act in his favor. The Cleve to sell the slave because of her unusual worth. The white young man persisted land American added therefore We are credibly informd that natural son of in trying to effect thithis and finally informed her owner that he could not purchase Jefferson by the celebrated Black of Sal person no little renown in the politicspolitic live without thithis attractive slave. the white lady sold the of Thereupon woman of 1800 and is thereafter now living in central county of Ohio. We shall en color to the lust of her friend satisfy deavor to at the truth get of the matter and make public the result of our in The of thithis task of the free of color to the accomplishment reducing people quiries.50
of the In first statustatus blackblacks however was not easy. the place so many personsperson of color had risen toposition positions of usefulnesusefulness among progressive people and had formed connectionsconnection with them that an abrupt separation was both inexpedient 45. Featherstonaugh Excursion p. 141 Buckinghasn Slave StanStans p.358. and undesirable. ExceptionsException to the hard and fast rulerules of caste were often made 46. ofcondition conditions in Writing thithis country prior to the American Revolution Anne Grant found only to relieve the people of color. Moreover the miscegenation of the raceraces in the two casecases of miscegenation in before Albany thithis period but saw it well established later by the South and especially in large citiecities like Charleston and New OrleanOrleans had British soldiers. gone Johann Scboepf winsessed thithis situation in Charleston in 1784. J. P. Briesot saw thithis to the extent that frdm thesecenter centers as do tendency toward miscegenation as feature eventually went they now large striking of society among the French in the Ohio Volley in 1788. The Duke of Saxe-Weimar-Ejsonacj was very much impressed with the numerounumerous
qusdroonqusdroons and octoroonoctoroons of New OrleanOrleans in 1825 and Charlea Gsyarré portrayed the same con
ditionsditionthere in 1830. Fredrika Bremer met with thithis frequently clasclass while touring the South in 1850. See GrantMenoir Menoirs an American Travels of Lady p. 28 Schoepf Travel in tile Confederation 40. Andy Non Anedca p. 160. p. Briesot Travels 382 Travel II p. 61 Saxe-Weiniar Grace New TravelTravels p. 69 King OrleanOrleans 41. 837. Child Anti-s/avery Caeclinn p. 17 Howard Mississippi ReportReports p. pp. 346349 Fredsika HomeHomes the New Bremer of World pp. 325 326 382 385. 42. Kesnble Georgian Plantation 140 162 199 208210 Olonotead Seaboard StateStates 599 pp. pp. 47. Ibid. XXII p.98. UnitedState States 341.343. 600Rhode Rhodes pp. 48. See Free in Russell Nero Virginia p. 127. 43. Goodell Slave Code 111112. 49. pp. Goodell. Slave Code p. 376. 54 Zabel Interracial Marriage and the Law 55
later of of thithis kind was recorded SwiSwis this it report miscegenation by Jane Grey If usually tolerant and rational personpersons can react thi way is not surprising sheim in her where she statestates that of President Haifa Century daughter John that many expertexperts consider the fear of miscegenation the strongest reason for the that Tyler ran away with the man she loved in order she might be married but desire ofwhite whites to keep the Negro permanently segregated. Next in importance
forthi this reach soil. of the White House could they must foreign young lady not in the white manmans rank order of discrimination according to Gunnar Myrdal the of her choice in the United States. The loverlovers were and marry man captured in his classic study An American Dilemma are other social conventionconventions the use
she was brought to His Excellency her father who sold her to slave-trader. and the of public facilitiefacilities political franchise legal equality employment. On
From that she taken to OrleanOrleans man who Washington slave-pen was New by other hand the social and legal barrierbarriers to miscegenation rank at the bottom of
to hundred dollardollars for her on account of her expected get twenty-five great the NegroNegros list of grievancesgrievance quite naturally he is more concerned with obtaining
beauty.tL job decent living accommodationaccommodations and an education than with marrying your
daughter. recent Ford Foundation study of more than seven hundred Negro
familiefamilies in Chicago concluded There is no evidence of desire for miscegena
or even interest in Interracial Marriage and the LawLaws tion promotng it except among tiny minority.
Even thongh the Negro has finally attained equality under the law in most areaareas
WILLIAM ID. ZABEL and of American life Negro white still cannot marry in nineteen statestates having
antimiscegenation statutesmostly Southern and border statestates but also in cluding Indiana and wyoming. No other civilized country has such lawlaws except In the past decade the law and the Supreme Court have the Union of South Africa. deal the all and done great to ensure equality of raceraces to The united StateStates Supreme Court has never ruled on the constitutionality of guarantee equal civil rights. But in the area of interracial these statutes. In 1954 fewmonth months after its historic decision prohibiting seg marriage the statutestatutes of nineteen statestates continue to deny the regation in public schoolschools the Court refused to review the case of Linnie Jackson individual the freedom to many the person of his choice. Negro woman who had been convicted under the Alabama miscegenation stat The vagarievagaries of these statutesstatute and the failure of the Su ute. Later in 1956 the Court again avoided the issue dismissing an appeal in preme Court to act are here set forth by William D. Zabel miscegenation case from Virginia ThiThis dismissal was termed wholly without practicing lawyer in New York. basibasis in law by leading authority on constitutional law Professor Herbert of Wechsler the Columbia Law School because there was no appropriate legal When reporter asked former President Harry S. Truman if interracial mar reason for avoiding the decision. riageniiscegenationwould become widespread in the United StateStates Mr. Tru In December 1964 the Court upset the conviction of Connie Hoffman white man said hope noq dont believe in it. Then Mr. Truman asked the reporter woman and Dewey McLaughlin Spanish-speaking merchant seaman from Brit that hackneyed question often spouted at anyone advocating racial integration ish Honduras. They had violated Florida criminal law punishing extramarital Would you want your daughter to marry Negro The reporter responded cohabitation if the only offending couple were Negro and white person. Th that he wanted his daughter to marry the man she loved whoever he might be. Court invalidated thithis statute as denial of equal protection of the law guaranteed Well she wont love someone who isnt her color the former President con by the Fourteenth Amendment but refused to expressexpres any viewviews about tinued and as if he had not said enough added that racial intermarriage ran idasJ prohibition of interracial marriage. counter to the teachingsteaching of the Bible. The Court may again be confronted with thithis question in case instituted by The question of miscegenation can make man like Truman whose past sup white construction worker and his part-Negro wife Richard and Mildred Lov port of integration in other respectrespects is not open to question appear unthinking ing. They are seeking to have the Virginia miscegenation law declared unconsti if not bigoted. The fact of interracial marriage can cause young Radcliffe- tutional so that they and their three children may reside in the state from which educated liberal to refuse to attend the wedding of her only brother or they have been banished. The LovingLovings have no connection with the civil rightrights civilized intelligent judge to disown and never again speak to his daughter. How movement and are not represented by attorneysattorney of Negro civil rightrights organi many personpersons are repelled or at least disconcerted at the mere sight of Negro ration. Both had spent all their livelives in Caroline County Virginia south of Fred white couple PerhapPerhaps their number telltells us how far we are from achieving an ericksburg They were married in Washington D.C. in 1958 and returned to integrated society. Virginia. Five weekweeks later they were charged with the crime of marrying each and other because of tlth crime were convicted and sentenced to one year in
prison. But Virginia County Circuit Judge Leon M. Bazlie the 51. 129. suspended sen Swisehebn Haifa Ceesuy p. From William Zabel Interracial Marriage and the Law. Atlantic Mont/dy October 1965 75 tencetences and provided instead that the LovingLovings leave Virginia at once and do not .- .. .- .. c- VANGEROUVANGEROUSLiAisoNLiAisoNs
Sex and Love in the Segregated South
CharleCharles Frank Robinson II
The University of ArkansaArkansas PresPress
Fayetteville
2003 ThiThis book dedicated Copyright 2003 by The University of ArkansaArkansas PresPress is to the absolute love of my life my son
CharlesCharle F. Robinson III
All rightrights reserved
Manufactured in the United StateStates of America
07 06 05 04 03
Designer John Coghlan
The paper used inthi this publication meetmeets the minimum requirementrequirements of the
American National Standard for Permanence of Paper for Printed Library
MaterialMaterials Z39.48- 1984.
Library of CongresCongress Cataloging-in-Publication Data
Robinson CharleCharles F. CharlesCharle Frank
DangerousDangerou liaisonliaisons sex and love in the segregated South CharleCharles Frank
Robinson II.
p. cm.
IncludeIncludes bibliographical referencesreference and index.
ISBN 1-55728-755-4 cloth a.llc. paper
1. MiscegenationSouthern StatesHistory. 2. MiscegenationLaw and legislationSouthern StatesHistory. 3. African AmericansLegal statustatus lawlaws etc.Southern StatesHistory. 4. African AmericansSouthern
StatesSocial conditions. 5. Southern StatesRace relations. 6. Southern
StatesSocial conditions18651945. I. Title.
185.62 .R66 2003 306.8460975dc2
2003010651 effortefforts with the colonial also had another Virginia expanded its anti-miscegenation in 1691 Interracial sexual codecodes in history purpose. to passage of law that prohibited marriage between blackblacks and whites. The Although the lawlaws did not prevent interracial sex they attempted As has been edict threatened white violatorviolators with banishment while providing no control how and between whom it occurred. already
direct for the black involved in the interracial liaison. the laws allowed sex between whitemaster masters penalty person suggested by implication law colonial Although Virginia lawmakerlawmakers left no record to indicate why they and slave women. Because slaveslaves paternity did not matter
with that to white men for sex with punished only whitewhites physical ostracism one can conjecture authoritieauthorities wouki scarcely attempt prosecute sexual choicechoices of white because most blackblacks were slaveslaves lawmakerlawmakers probably did not want to slave women. The lawlaws however did bring the
of their laborers. them of deprive mastersmaster women under greater public scrutiny making specialtarget targets law of who had sex with black men ran The Virginia 1691 had other clauseclauses that demonstrated its link enforcement. In practice white women
to labor. The measure who of for their activitieactivities because in most casecases maintaining penalized English women greater risk being punished black with fine of fifteen Failure and because lawlaws produced children from men pounds. they were not slave ownerowners many anti-miscegenation to resulted in the of for five that white for Hence the white pay woman being disposed yearyears so specifically singled out women punishment.
she could the fine her the law viewed the first anti- pay through labor. Further empowered men of the Virginia assembly probably colonycolonys controlcontrols the sexu authoritieauthorities to take possessionof the womanwomans child and to bind him out miscegenation law as meanmeans of placing stricter on
for service until he reached the of thirty.2 itwhite women.6 age ality codes of The anti-miscegenation code of othercolonie colonies also revealed the tie Indeed colonial officialofficials made white women specialtarget targets the mentioned earlier the anti- between law and slavery. MarylandMarylands 1664 anti-miscegenation law anti-miscegenation enforcement. As white who married male slave the and levied required woman to serve master miscegenationlawlaws ofVirginia Maryland special punishmentpunishments colonial recordsrecord for the lifetime of her slave husband. In addition MarylandMarylands law insisted on white women who crossed the color line. The that white for their any children resulting from the union be required to labor for the detailed number of casecases of courtcourts punishing women for In in Elizabeth parish thirty-one years. subsequent measure passed by the interracial sexual transgressions. For example City County in free blackblacks who married white free of Maryland assembly 1692 women Virginia court convicted Ann Hall English woman having suffered the penalty of life in bondage.3 two mulatto bastardbastards by Negro In Chester County Pennsylvania lashelashes on her bare PennsylvaniasPennsylvania anti-miscegenation law erected in 1725 foilowed that court ordered white woman to receive twenty-one line.7 In of Maryland punishing free blackblacks who married whiteswhite with the back for inticing black man tocros cross the sexual color of sentence of life bondage. The Pennsylvania law likewise outlawed inter Westfield MassachusettsMassachusett the general court dissolved the marriage
racial sexual relationsrelation outside the institution of All free after NicholasNichola marriage. personsperson white couple NicholasNichola and AgneAgnes Brown chargedAgne Agnes men.8 convicted of interracial fornication could receive the sentence of seven with engaging in sexual relationrelations with several black in of white women The yearyears bondage4 Why did white colonialcolonials target the sexuality similar to those found in the lawlaws of five-fold. constituted special ProscriptionProscriptions VirginiaMaryland answer appearsappear to be First bastardy
and it Pennsylvania also marked the anti-miscegenation statutestatutes of problem in and of itself to colonial communitiecommunities as placed greater prepres MassachusettsMassachusett born out of wedlock. 1705 North Carolina 1715 South Carolina 1717 sure on the èommunity to provide for the children
Delaware and each colonial officialofficials to 1726 Georgia 1750. In colony violation of the By establishing severe penaltiepenalties for bastardy hoped law outside of requiredsome party man woman and/or child to make restitution discourage white women from delivering children marriage freedom. laws therefore burdenburdens on the lpcal community.9 Second by sacrificing Anti-miscegenation law definitely and thuthus mitigate economic served as one of the colonial cornerstonescornerstone in and of female morality. sustaining expanding Englishmen had very negative perceptionsperception Many the of vulnerable to satanic institution slavery.5 colonialcolonials believed that women were particularly
flAPMT Tfl CIVIl. WAR proved critical. If she confessed to sharing mutual affection with black indict in man the state would most likely them both or fewcase cases ignore CHAPTER them. If the white woman intimated that black man had forced himself
upon her whitewhites would likely employ lynch law and murder the black man.
the Color Divide By the last decade of the nineteenth century race relationsrelation in the Expanding
South had moved far away fromReconstruction Reconstructions egalitarianism or RedemptionRedemptions delicate balance. Southern white conservativesconservative solidified
their dominance by disenfranchising blackblacks and relegating them to
second-classecond-class citizenship. The federal government that had at one time The Anti-miscegenation Effort
served as guardian of black rightrights relinquished that role choosing to during the Progressive Era view the repressive actionactions of the white South through theblinder blinders of
separate but equal legal philosophy. Under these conditionconditions interracial on December 12 1912 JameJames Arthur Johnson of Galveston TexaTexas couplecouples found it more difficult to publicly sustain theft relationships. To manied Lucille Cameron the first black heavyweight boxing champion Southern white authoritieauthorities formalblack/white btimacy especially that Minnesota. Instead of nineteen-year-old white woman from holding involving black men and white could no longer be tolerated. To women the the controversial Johnson opened his nuptialnuptials to private ceremony allow such affiliationaffiliations to go unchallenged undermined both white male would national rancor. public knowing that his actionactions produce gender privilegesprivilege and notionnotions of white supremacy. Undoubtedly thithis the virulent condemna NewspapersNewspaper throughout the country reported repressive environment discouraged many from daring to choose inti TimeTimes article recorded the. tion of the Johnson marriage. Los AngeleAngeles macy acrosacross the color line. For those who did maintain theft relation whitewhites who whether or not reaction of group c$f Louisiana questioned shipshipsthithis hostile atmosphere gave them little choice but to mask them. what were made for and the people of IllinoiIllinois knew sea-grasssea-gras roperopes fund to take care of Johnson. The announced that they had started of Oklahoma woman who dedared Cleveland Gazette noted the anger an of Oklahoma would never have allowed Johnson to that the people of the the CrisiCrisisannounced marry Cameron. The official organ NAACP the of that two Southern ministerministers had recommended lynching
JohnsonJ theft strident Prominent officialofficials acrosacross the nation also expressed Governor William Mann of disapproval of the Johnson marriage. riterites desecration of one of our sacred Virginia called the marriage Governor John Dix of New York referred to the Johnson marriage as of South Carolina blot on our civilization Cole Blease the governor
the boasted hero of blackblacks could not disgrace explained that Johnson within its South Carolina by having himself united to white woman
borders.2
THE ANTI-MISCEGENATION EFFORT IN THE 18901890s
NORTHEBN ATI1TUDEATI1TUDES TOWAIIDTOWAIIDS
INThIACIAL MAIIBIAGE Legislation and
Public Opinion In the
Middle Atlantic and tt
StateStates of the Old
Northwest 17801930
DSd H. Powler
Garland Publishing Inc. NewYorkLondcjn 1937 NORTHERN ATTITUDEATTITUDES TOiJHDTOiJHDS iNTERRACIAL MARRAEE
Copyright W87 David H. Fowier
Legis1atin and Public Opinion in the Middle Atlsntic All rlghtsreserved
StateStates arid th StateStates of tht Old Northwest 1760L930
Library of CongresCongress Calaloging.lnt.Pubff cation Data
FowJez David Ii 1924
Northern attitudesattitude towardstoward Interracial marriage.
American legal and conatituliana1 history
Originally presented as the authorsauthor thesithesis Ph.D. Yale Universit 1j3L
Bibliographyp.
1. MiscegenationLaw and legisledonMiddle
Atlantic StatesHistory 2. MIscegenationLaw and legIslationNorthwest. OldHistory 3. vflscegenaUcn Middle Atlantic StatesPublic opinionHistory. 4. Public opinicnMIddle Atlantic StatesHistory Davi H. Fowl er MlscegenattonNorthwast OldPublic opinion History 6. PublIc opinlonNoflhwest8 OldHistory
I. TItle. II. Series. XFSILF6XFSILF6S 1987 346.7301S346.7301 86-27077
ISBN 0-82404266-4 347.30616
All volumevolumes In thithis serieseries are printed on acid-free.
ZSoiear-Ufe paper.
Printed in the UnIted StateStates ofAinerlca zi5 214
The ezatr about the and course of the story. negro rice that by pursuing proper tell only part area. Mt lava towardstoward then they might be elevated Let above the position Middle atlantic in legislatttt6 they now occupy debated Ba public issue of Interracial marriage in divided ware whiteswhite to set bow deeply helphelps the reader Still another speaker argued later in the convention debatesdebate against and the prespress of the flidwestU also itt partparts in the East but the theory of polygeneaie the lint especial. of caste. for the maintenance of public reaponsibiiitY the question and the ideaideas Alt respectable authority on zoology physiology and to castcastS art revealreveals hew subversivft discussion also divinity agree in reference to the unity of origin of the ThiThis given white and black tan. They are the same in organization and humatdtarianiam liberalism and Christian of Revolutionary governed by the came lawlaws of organization. They are subject idealideals to the have the mental faculties- wvfleflt ace disease-they same to the entt.siavety strength by their application they possespossess the ramrams mpathiee and instinct. With diUerent Ereaft agreed as the speciespecies it is not jnternarriasft lawlaws and of Both advocatesadvocate opponentsopponent advo lines But where waite of caste line on the social One theory set forth by Dr. Mctt used often to support the position debatedebates wake deer which and whitewhites of NegrotSNegrot acciet separation that genetic intermixture of NegroeNegroes and whitewhites foisted the law of ttatufl sanctionsanctions opponentsopponent and forceful public achieved only by open as well as the law of Cod erued thathybrid offspring ofwhite whites and could be enforce Which would ha of the races. social separation blackblacks were weaker than either parent stock arid tended to die out rapidly. argued that .yjE.l the enough. Moreovet socialpressure pressures was good The difficultiedifficulties of free KegroeKegroes many of whom were nulattoesnulattoe under the in any case by private violated social valuevalues enforcement of caste continued public conditionconditions of life in the North Lentobviou obvious force to thithis argument in opponentopponents and the poli Christian brotherhood than castcasts neeely legislative debatedebates occasional mention was made of the idea Of mulatto even wore primary however enforced. The danger to castcasts free individuals. inferiority but Sr wa usually treated as selfevident tact rather thao tical equalityd left social sapsrettmt fact that they can be seen in the proposition requiring proof by evidence or even iliuatntion. of these ideaideas had strong acre caste-In India has support. without any ideolcgieal and where caste identifiCStJ.00. end occupatiOnal if state statute. taken by themselvesthemselve furnished reliable guide reLigioureLigious justificstiona of racial conflict and actual tear South had both slavery to social conditionconditions the observer would be forced to conclude that in in the American weak support Hbrtb had 0parativaiy in the American the yearyears before the Civil War caste linelines were becomi.nE more rigid in to support it ceste usa of C%trieti identifications. The justificationsjustification or the flat North Central statestates while weakening only slightly in the from any of there served to caste thuthus to attack legalized democratic philOaopltY anity and
142fleport Conati of DebatesDebate of the Convention for Revision of the limes. undermine all caste tttipj 63 ii 1933. grew in and democratic prineipte5 of Christian 143 ThiThis interpretation Jonah C. Nott the tuiatto Zybrid kmeriean Journal of Msdcal the .er patio4. the reCtvtt Science new serieseries 1843 252256 Stanton leoardleoards Svota pp. 6665 whiteswhite during influence among Northern 76 77. 215 217
repeal of the MassachusettsMassachusett thtermarriage the law repeal of some of the frequent exposure.
Ohio black lawslaw the Ohio intermarriage law of 1861 the United notwithstanding The passage or repeal of intermarriage lawlaws elsewhere in
the resistance to intermarriage in legitlation Pennsylvania and Wisconsin StateStates between 1831 and 1865show shows both strong similaritiesimilarities and sharp
and the absence of sentiaetit for such lawlaws in ew York and New Jersey and contrastcontrasts to thetrend trends seen in theta sight etsnse Inatcion in New
finally the repeated attacksattack on the disftanchisenjent of NegroeNegroes in nearly Ingland resembled that in New York end New Jersey. New Hampshire Vern
alt the statestates with restrictionsrestriction apelled out seriouserious challenge to caste and Connecticut continued without prohibitions. The liassachusectliassachusects lair wa
everywhere in that aection How Northern whitewhites might have answered that of course repealed in 1843 but the lawlaws of Maine and Rhode laleod re
challenge without Civil ar no one can say but the challenge did exist seined undisturbed One suspectsuspects that outside Massachusetts1 abalitionie
The agitatjon over intermarriage lawlaws probably did not however activity against the lawlaws wee not militant while racial relationsrelation in
carry as much s1gniffcanoe for the future of caste in the North as did the whole region were quite stable itt the yearyears before the Civil Jar.
agitation over suffrage reatrictioreatrictios the value high accorded the fran NegroeNegroes in New rngland increased in number from 21379 to only 24711
chise La the United StateStates sten froth the peculiar force of popular suff betvaen 1830 and 1860 constituting only 0.8 per cent of the regionregions
rage in democracy with widespread literacy widespread economic oppor population in the letter year44 ProblemProblems of Negro-white relationshipsrelationship
ttnity1 and traditionstradition of individumlism and political participation. Pre ware probably insignificant compared to those arising from contact of
vention of e ciel mobility at any given tir.e is as essential to the perpe the native-born with the hundredshundred of thousandthousands of foreign-born who arrive
tuation of caste as is the intermarriage taboo and of the possiblelever levers in New England in the 18401840s and 18501850s
which free NegroesNegroehad available to thee to bring about improvementimprovements in the slave sCarce adopted relatively littla legislation on inter
their pariah statustatus the franchise was the most obvious. OpponentOpponents of marriage during these yearyears partiy because most of them had lawlaws already
Negro euffrsge argued with much logic that if thithis particular right partly no doubt because the caste line was generally so sacrosanct that were granted NegroesNegroewould use their new political power to obtain intermarriage did not become an issue Two tatetates which did not possessposses other rightrights It is worth noting that while four of the states state being intermarriage lawlaws betore the Civil War Alabama anti Ifissiesippi had examined had no intermarriage lawlaws inthi this period all eight limited the negligible numbernumbers of free NegroeNegroes and thuthus the slave codecodes effectually franchise pretty effectively to whitewhites It vie easy to envision NegroeNegroes prevented intermarriagesintermarriage South Carolina which retained its colonial
in Large numbersnumber taking itrediate of the advantage suffrage but to con punishment of interracial bastardy did not prohibit intermarriage nor
ceive of in change the rate interrriage in the Dear future required did Ceorgia. the latter acted in 1852 and 1861 however to punish nuc greater imagination ThuThus the wutroversy over Negro suffrage had interracial cohabitation. New lawlaws were passed in Florida in 1832 fissc
reality and an imuediacy which gave it added significance end wore
144Sureau of the CensuCensus Nero Population l79O-l9l. table 13 e-ec table a. St. 218 219
in 1834 or 1835 TexaTexas then an independent 147 nation in 1837 and ArkansaArkansas adopted by the earlier proslavery legislature in 1855. New exicn in 1338. while torth Carolina altered ice law slightly in 1537 and again tid Wnhthgon IrrttQrie6 wan to repeat ctaU lawe in 1866 and 1866 in 1838 sad Kentucky revamped its prohibition irs revision of its law 148 after the war. code in 1352.165
In the absence of detailed study it is impossible to evaluate th The above itew lawlaws like those of Mine Michigan Indiana and strengthstrengths of the variouvarious factorfactors which impelled the Western JurisdictionsJurisdiction perhapperhaps IllinoiIllinois suggest that it was comaonpiace for an area which which had few NegroeNegroes to adopt intermarriage laws. Undoubtedly routine achieved separate territorial or state statustatus to adopt an intermarriage isitation of the law codecodes of Eastern statestates took place. Certainly the law the during early yearyears of independent jurisdiction ThiThis tendency transplanted Easternera who wrote those codecodes took their habitshabit end also appeared in the new territorica and statestates beyond the fiasissippj prejudiceprejudices along with than. An additional factor which nay have had seine iowa Territory prohibited intermarriage in 1840 California in 18301 significance1 however was ene which echoed the frontier experience of KansaKansas Territory webraakg territory1 aba Washington Territory in 1855 seventeenth century Virginia and early nineteenth century lndiann there New Mexico Territory in Trritory in 18611 Oregon in 1862 existed characteristic and sometimesometimes acute shortage of white women Idaho Territory and Colorado Territory in 1664 and Arizona Territory in in frontier areas. federal censucensus report in 1864 obearvedobearveds 1865. Utah Territory which did cot prohibit intermarriage at thithis tine did in 1852 ban sexual intercourse The excesexcess of malemales in the settled between whitewhites and personpersons of the great aewly territoriesterritorie illustrateillustrates the influence of imaigretion in effecting dis African race. Ptinntsota was the in the sexes. The malemales of California outeumber the only trans-Mississippi jurisdiction to parity femalefemales near 67000 or about one-fifth of the population. tn violet thia pattern like IllinoiIllinois the excesexcess of malemales amountsamount to about 92000 or One neighboring Wisconsin it never prohibited twelfth of the entire population. In MassachusettsMassachusett the femalefemales intermarriage. Finally West took outnumber the stalestales some 37600. showshows near Virginia no action to prohibit inter- flich.tgan 40000
146 marriage in the first of its yearyears separation from Virginia.
Before the Civil War only two of then 1471t is doubtful whether the omission of the Iowa intermarriage pro Western JurisdictionJurisdictions Joined hibition was realized by the legialatorlegialators who took the action The legilegis MassachusettMassachusetts on repealing their lature in 1848 had three men to revise the code of lawlaws intermarriage stntutesstntute They ware Iowa appointed Zks Code of Iowa passed at the_session of the General Agsethly of 1850-1 and which omitted its 1340 law fron spjrovsd 5th The statutory revision in 1850 and anssansss February 18l Iowa City 1851 p. 470. legislature adopted the section on marriage which contained ito reference to inter where in 1859 anti-slavery adherentsadherent racial marriage sec. 85. The anitude of the legislature repealed the whole code of black lawslaw general nay be inferred from the fact that they also passed in 1851 prohibition of the irmigration of fret NegroeNegroes into the state ActActs oaesed at the Regular Session of the Third General Assembly Iowa 1851 14See City appendix Alabama and 172-173. The freestate in KansasKansa decided in Mississippi authorisad ministerministers sad pp. legislature Territory officiate to perforri marriagesmarriage between free 1858 to take the jew. of Ohio which then contained no prohibition of whitewhites and between free NegroeNegroes but seen to have given no thought to intermarriage as the basibasis for new KansaKansas code Kansas. territory forbidding specifically the performae of interracial marriages. pjcil Journal 1835 pp. 1273 78. 146 See 1488ee appendix. appendix. 220
excesexcess of malemales texatexas 36000 iscansSn 43000. In Colotado the malemales to fenalsa are as twenty to one in Utah the mashermashers are nearly equal and while in New York there is small preponderance of femalefemales the malemales are 149 morenumerou numerous let Pennsylvania.
t49Pcgulaejon of the Vutted StateStates in ISGOt ccnped iron the OrSRinal ReturnReturns of the Eighth CensuCensus under the direction of the Secretary of the rncerior Joseph C. emn.dy Superintendent of CensuCensus Washington D. C. 1864 p. xviii 1u b. TREATISE.
sOCIOLOGY
AND PRACTICAL4
-.
HflflY HUUEHUUES
r..
tonn
4.. PEtLADELPEh4 LIPPTN.QQTZ GRLMO CO.
18 4. f.. I.
fr
it.
en threw set by the DGl1dA401mth51 wIth itt he us thithis pretept oe tt1tOtheS%e ewn gave the only cent ot style .fr.he tthptrtplo1lltyi8 tog end thatbt tie mattt tnjdttidyt3 he ruietodociU better for 6el1SkOdhiet rutdta pdasS$ Entered encordEng to Act of Cor eu lo the yen 1B1 by ThiThis pleinnen 4atjtth dpa for ett rteime0t not to the popu2X EWRZ BUGBESJ iá gratefol Is loiIohlrn5then Then emeichat abruptit In ihe ClerkClerks QMoe of the Disteict Ooort oF tk Utlied Slateo tot aepbiloetipMe frir venvens of the lea of tht piiblio. eeng he Eanern DEsiot otPetmajrlvane.. In 1n k7AothèO Eee1InP1YID he said hetrpIsined ni once. other opInLoD crtJtIn wIth the 1SsophIo fl thbult chAnged tat convinced. The conference au3 must be Snrds theSi Ort cn1e Snrd atd left the fountoin. ended andwe satesates LOOSSAk Btylei the
iii 237 23 PILACTICaL 80010L09Y. bAW OP wAr..nsRu3Et5.
WaintteeWainttees right to philosophio/ or educational powor order and liberty is not yet atualized. If justice econo mically authorized it the educational meanmeans or power be added to If other XIV1 might wages. not thithis any method CRSPTEB. following justice. of warranteewarrantees But of economic StateStates South the rightrights political independently justice doedoes not IN the United Their are such as are just. now. authorIze the systematic education of warrantees. The under the political system it is from It is duty warranteeism of the United StateStates is that with the is not right South political statustatus wrong. the ethnical The of both They have now political power qualification. existenoe-dghtsexistenoe-dght or of it is moral necessity. entitled one of these forbidforbids to the thithis to wbioh they are rightly raceraces now other progress- order and liberty
The educational is at the lees. right. present antagonistic to neither more nor the are the political ThiThis is accidental and of republicrepublics people system. antagonism tem l.a the olvil government But It is not or natural to the orderer. republicsrepublic porary. necessary varranteeiem. sdvereign They are supreme the sovereign people eon It is dueto odtside fact.. ThiThis fact is from temporary are representative governmentsgovernment These in their an error which confoundconfounds ossentialossentials and accidentalaccidentals which atitnte resentatwes. representattvcsrepresentattvc tep In is reAct aggressive against the good essential than arenmgiatrte nmgiatrtes or supersovereign. greater capacity as such orderers. adapt and from the lesser bad accidentaL It is bad are the Thy. progressive the political system they or from It is in all the ate not sovereign superacv opposition good disposition.. philanthropy regulate. But people such alone as and in deed. But between warrantorwarrantors are sovereign. These axe detign misanthropy reign. SoS only must and there is no educational must be males. They warranteeswarrantee naturally antago are peculiarly qualified. They mind. nism. The ednoadocisi and economic must be of sound They systemssystem are synta be of certain age. They So the and educational commonwealthscommonwealth property gonistie. aIeo political systemsystems must be residents. In sonic in qualifica but thithis only after the political fact as it is shall be the are neoesaar3 some religioureligious qnslLftcatioflsqnslLftcatiofl fact as to be. be other just or unjust. political ought tions. There may qualificationqualifications who are not sovereign All other people in the State To thithis clasclass belong women people are eubsovereign. otherothers and alienaliens and all minorminors criminalcriminals lunaticlunatics idiotidiots
unqualified or disqualified. of In republicrepublics all are Such the three classeclasses pople. The ororderer orderers represent represented. representativesrepresentative to their constituentsconstituent the sovereign and are responsible they likewise But these are not. constituentsconstituent only people.
-l 289 238 PRACTICAL ZOCIOLOOY. LAW OP WARRANTDEISM.
These the clasclass of these are relation dutieduties are coupled. represent. subsovereign people xrn qua.hty with evary dtffer from each other in flituanta of thce. man representrepresents his family. ThiThis is raceraces in their ethnical relationsrelation
he also the shape and direction special representrepresents the interestinterests of other subsove beauty in color iii inclination of their bod.y and in reignreigns thithis his general duty. of the pile in the conformation
The of all is thuthus actaalized. representation other physiological respects. Duties either Dutie are coupled to relations. By the common law The black race must be civilly Subsovereign If not natural relationrelations under the civil subsovereign personsperson government are Sovereign or Sapersovereign. also be public or private. the common law relationsrelation be co-sovereign. The white race may By private they roust those of and husband and or au.persovereign. If bothrace races are master servant wife parent sabsovereign sovereign The and and. ward. that. is ce-sovereignty. child guardian are promiscuously sovereign been. the black sub- In warrantee commonwealthscommonwealth public relationsrelation are those white race is new end has sovereign
of and orderera and the historical fact. magistratesmagistrate people or orderees. sovereign. ThiThis not to be admitted to co MagiztrateMagiztrates are legis1atorslegis1ator executorexecutors and sd5udicatcrs. To The black race ought
it is in violation of moral those the relationsrelation of the people are those of orderees. sovereignty. It. is wrong
The people are therefore legislat.eea eseouteeeseoutees and adjudi duty. must be. either equal or un .eatees. The magistratemagistrates are adapteradapters and regulatorregulators the These raceraces physiologically not and must be either ethnically or peers. people adapteeadaptees regulatees. equal. They peerpeers black must be either In in which the is that the race republicsrepublic warranbeeism with the If. not peerpeers ethnically ethnical inferior. If superior their ethnical progresprogress qualiffcat.ion the warrautoewarrautoes are subsovereign. superior or white hayhays the with an iufericr race. If the They not right of sovereignty. That is not their forbidsforbid amalgamation their ethnical forbidsforbid intermix due it is unjiat it. is wrong. WatranteesWatrantee have the right race is superior progresprogress
of But hare the o.f inferior race. representation. they not right. political ttire with an
Men linve not political or constitution. Neither ought they they are not entitled But raceraces must progress. have dutieduties Hygiene to it. Subsovereignty is the right oF warrantees. Their economic dutieduties only. They bygirnie to the and moraldutie duties are coupled sovereignty is wrong of warrantorwarrantors and others. is both ethnical ethical must not ho wronged. La the warrantee commonwealthscommonwealth of the United StateStates the relation of races. RaceRaces because duty. be the is. It is right wno therefore ought to zoeroigu people Who Hygienic progressprogres right. forbidforbids ethnical Morality ought to be the supreme power in the warrantee StateStates But hygienic progressprogres regress. thithis prohibitsprohibit There wavñuateeisni with the ethnical qualification is therefore which coromandcoromands generalprogres progress of and established. What is the of thithis The dud progresprogress race ordained effect quail. spocial regress. preservation It is of the races. is eviL fustian The people are of two races. They are ethnically is moral duty Degeneration is heinous. is extreme. relat.ed to each other. But. because every act has amoral thu. That sin Hybridism 241 240 PRACTIOAL socionoat. lAlY OP WARhANtKISbt.
Impurity of raceraces is against the law of nature. MulatteeMulattees
are monsters. The law of nature is the Jaw of God. The
same law which forbidsforbid consanguineouconsanguineous amalgamation for CHAPTER XV. bidbids ethnical amalgamation. Both are incestuous. Amal
is sexual is gamation is incest. Potrrrcsn amalgamation amalgamation one
But the relation of the two raceraces to each othe is cause of the other. There must be either caste or co
moral every lelation has an ethical quality ethicethics is eovereigaty thithis is the alternative to that For power to
ethnic. Moral be violated. and the annul hygienic dutieduties must not For rule is power to marry power to repeai or
progresprogress must be developad. and regresregress enveloped. Polity discaiminating laws.
tbereiorethe duty of the StateprohibitsStateprohibit the sovereignty In StateStates the i.uteroourse of sexesexes is either Lawful or
of the black race. Because if the black race are sovereign Unlawful. Marriage is lawful intercourse. Of tworace races
must be. If not subordinate Between malemales and they cc-sovereign. politically in State marriage may be must be oobrdinate. or .superordltate they politically femalefemales of the same race 2. Between malemales of oue noe But the black and white race must not be co-sovereign and femalefemales of the other race or Miscellaneously
they must not be politically codrdinate. They thust be between malemales and femalefemales of both races. the end the one ubordinate otbe superordinate. They Of marriage the motivemotives or springe of aotion ate such as not be be most aggregated they must segregated. They are either Matrimonial or 27 Extramatrimonial. Love muet be and from each other. This civilly pure simple Thi is matrimonial motive. Datramatrimonisi motivemotives are suck
is hygienic ethnical necessity. It is the duty. of caste as avarice or the desire of wealth and ambition or the
to it caste for the prevent amalgamation is purity desire of poer. of ie etbsioai iaeee. For poitioal a.mlgamation amalga If therefor marriage miscellaneously between too ination. One m em es the other that is the immediate fleeflees is lawful the motivemotives will be both matrimenial and antecedent of this. is invariable Snbaovereiguty necessary extramatrimonial. FemalesFemale of the inferior will elect malemales for and both to duty. from natural segregation necessary of the superior race. ThiThis preference
whiob is matrimonial or from ambition which is extra
matrimonial. MaleMales of the superior race will from avarice
ambition or other extrs.isatrimoniel motivemotives elect femalefemales
of the inferior race. These motivemotives are certain and
certainty of motive is certainty of movemetit certainty if of oause ocr taiuty of efieot therefore intermarriage
is wilt be actual the of raceraces is.wfel intermarriage cause oartain the effect will he certain. The law must 21 -- ______... e-4.b.lW..j.-. .% Miscegenation
Source Database Encyclopedia of the United StateStates in the Nineteenth Century
Miscegenation the practice of interracial sex and marriage became social and political issue in British North America as early as the seventeenth century when Maryland and Virginia banned marriagemarriages between whitewhites and people of other races. RelationRelations between white men and black women generally
caused legislatorlegislators far lesless concern than did relationsrelation between white women and men of color. The lawlaws were designed to curtail formal relationsrelation that exemplified racial equality interracial competition for white women the birth of mixed-race children to white women and accessacces by people of color to property by meanmeans of marriage or inheritance.
By law and custom interracial relationsrelation were discouraged in the United StateStates although the specificsspecific varied from place to place and from time to time and miscegenation lawslaw were not alwayalways enforced. Some statutestatutes established penaltiespenaltie of ten yearyears or even life in prison otherothers imposed neitherfine fines nor imprisonment. Among the thirteen original statestates all had lawlaws against interracial marriage except New Hampshire Connecticut New York and New Jersey Pennsylvania repealed its law in 1780 as did
MassachusettsMassachusett in 1843. Among the thirty-five new statestates that joined the Union by 1912 only KansaKansas New
Mexico and Washington aside from brief period each prior to statehood and Vermont Minnesota and Wisconsin failed to enact such laws. Some far western statestates demonstrated as much concern regarding whitewhites marriagemarriages with people of Asian ancestry as with those of African ancestry.
The term miscegenation originated during the Civil War replacing amalgamation when two Democratic newspapermen from the New York World David Goodman Croly 829-1889 and George Wakeman d. 1870 published hoax pamphlet during the 1864 presidential campaign designed to
portray RepublicansRepublican as avowed advocateadvocates of interracial sexual relationrelations particularly between black men and white women. The mere fabrication by Croly and Wakeman indicatesindicate how salient the question was
as RepublicanRepublicans in the 860860s struggled to foster enhanced rightrights of African Americans.
In 1865 to 1866 in the immediate aftermath of the Civil War and emancipation southern white legislatorslegislator displayed their continued commitment to white power and privilege by retaining miscegenation lawlaws or even imposing greater penaltiespenaltie than before. During the Republican yearyears of Reconstruction however
those lawslaw often came under political attack or were challenged on constitutional grounds. Mississippi South Carolina and Louisiana dropped their prohibitionsprohibition of interracial marriage for time during
Reconstruction and courtcourts in Alabama Louisiana and TexasTexa briefly overturned miscegenation lawslaw then. By the 890890s however those statestates had restored such lawlaws and all the former Confederate statestates banned interracial marriage. Virginia had established two- to-five-year term in the penitentiary for each partner in an interracial marriage Alabama legislated two- to-seven-year term.
Especially after the 18701870s courtcourts almost uniformly ruled that miscegenation lawslaw did not violate the Fourteenth AmendmentAmendments clause requiring equal protection of the laws. The U.S. Supreme Court upheld miscegenation statute in Pace v. Alabama 1883 case in which Tony Pace black man challenged an Alabama law that--in legal environment in which he could not marry white woman--established
higher penalty for his living with her outside marriage than he would have suffered had both partieparties been black or both white. Meanwhile number of northern statestates repealed their miscegenation statutes--Illinoistatutes--Illinois in 1874 Rhode Island in 1881 Maine and Michigan in 1883 and Ohio in 1887--so such lawlaws became an increasingly southern phenomenon. Miscegenation lawlaws remained on the bookbooks in every former
until in in Confederate state the U.S. Supreme Court outlawed them Loving v. Virginia 1967 when white man and black woman successfully challenged Virginia law that made their marriage felony.
-- Wallenstein Peter
FURTHER READINGREADINGS
HodeHodes Martha. White Women Black Men Illicit Sex in the Nineteenth-Century South. New Haven Conn. Yale University PresPress 1997.
Kaplan Sidney. The Miscegenation Issue in the Election of 1864. Journal of Negro History34 July 1949 274-343. Wallenstein Peter. Race Marriage and the Law of Freedom Virginia and Alabama 1860s-1960s. Chicago-Kent Law Review 70 No. 1994 371-437. Williamson Joel. New People Miscegenation and MulattoeMulattoes in the United States. New York Free PresPress 1980.
Source Citation Miscegenation. Encyclopedia of the UnitedState States in the Nineteenth Century. vols.
CharleCharles ScribnerScribners SonSons 2001. Reproduced in History Resource Center. Farmington HillHills Ml Gale Group. bflp/galenet.galegroup.com/servletHistRC/
Document Number BT2350040259
Miscegenation and Intermarriage
Source Database Encyclopedia of African-American Culture and History
The word miscegenation was coined during the presidential campaign of 1864 from the Latin miscere to mix and genugenus race when the Democratic party asserted that LincolnLincolns Republican party advocated sex and marriage acrossacros the color line. Like mu/a ff0 probably derived from the concept of mulemules and hybridity the word was pejorative in its historical context.
People of European ancestry and people of African ancestry began reproducing together in America from their earliest contactcontacts in the seventeenth-century South when white servantsservant and black slavesslave lived and
labored together. CensuCensus countcounts of mulattoemulattoes category used in some but not all nineteenth-century U.S. censucensus scheduleschedules were subjectively based upon appearance and while documentation of frequency can also be gathered from court recordrecords slave narrativenarratives and personal writingwritings such statisticstatistics are
ultimately based on conjecture and are alwayalways cast in termterms of proportionproportions of European ancestry in the African-American population. With that said perhapperhaps 15 to 25 percent of African AmericanAmericans in 1860 had some European ancestry and perhapperhaps 75 percent of modern-day African AmericanAmericans do.
Colonial authoritiesauthoritie wrote statutesstatute against liaisonsliaison between EuropeanEuropeans and AfricanAfricans from the 16601660s forward punishing liaisonliaisons between white women and black men most harshly. Under slavery these lawslaw largely reflected white fearfears of free African Americans. Because childchilds legal statustatus as slave or free followed the mother when white women and black men reproduced together their children would be free but of partial African ancestry thereby eroding racial slavery. On the contrary children of slave women and white men were legally slaveslaves and usually remained enslaved throughout their lives.
Under the antebellum southern slave system the sexual exploitation of black women by white mastersmaster for families. and overseeroverseers or the explicit or implicit threat of it was constant burden slave Most liaisonliaisons between black women and white men were exploitive resistance on the part of black women and men alike was ever present though often ineffective and southerncourt courts very rarely concerned themselvesthemselve with the assault or rape of black women. These broad patternpatterns differed markedly only in New OrleanOrleans in which system called placage essentially concubinage coupled free women of color with white men through formal dances.
Beyond testimony of cruelty and the constant factor of unequal power between black women and white men it is difficult to discern any uniformity of treatment beyond entitlement on the part of mastermasters and anger and humiliation on the part of female slaveslaves it is difficult to discern the emotionemotions that accompanied such relationsrelation in the context of slave regime.
Under slavery white southern communitiecommunities displayed degree of toleration for sexual liaisonsliaison between white women and black men though thithis toleration was never as great as that displayed for the much more frequent master-female slave pairing. Sexual encounterencounters with planter-classplanter-clas women presented the gravest dangerdangers for black men while dominant ideology was likely to cast lower-classlower-clas white women as depraved agentagents of such illicit actions.
In the antebellum North some statestates though not all had lawlaws against intermarriage and regardlesregardless of the law liaisonsliaison between African AmericanAmericans and whitewhites remained sociallytaboo at least through the Civil War.
After Emancipation the topic of liaisonsliaison between white women and black men entered Congressional
debatedebates about the Fourteenth and Fifteenth AmendmentAmendments with DemocratDemocrats linking black male suffrage with fearfears of marriage to white women. Determined to retain racial hierarchy white SouthernersSoutherner then
conflated the new political power of black men with sexual transgressiontransgressions against white women. The Reconstruction yearsyear thuthus saw the development of full-scale white hysteria about black male sexuality thereby commencing an era of terrorism and lynching that rapidly spread north and west.
In the decadedecades following Emancipation the sexual coercion and assault of black women by white men continued in the South especially as Reconstruction drew to close. MarriageMarriages acrosacross the color line were
illegal in the post-Reconstruction South while some Northern statestates had repealed those laws. Other lawlaws in both the North and West ranged from declaring such marriagemarriages null and void to imposing finefines to imprisonment they were largely enforced against white women and black men only.
People of mixed European and African ancestry have never been considered separate race in thithis country although both the African American and white communitiescommunitie of antebellum New OrleanOrleans Charleston S.C. Mobile Ala. and Savannah Ga. recognized mulatto or brown class. By the late nineteenth century the one-drop rule which proclaimed that anyone with any known African ancestry would be classified as black prevailed nationally.
While the numbernumbers of mixed couplecouples have increased in the second half of the twentieth century
percentagespercentage are still small the majority of mixed couplecouples since the end of World War II have been white women and black men phenomenon that caused considerable racial tension in the Civil RightRights Movement of the 960s. According to the U.S. CensuCensus Bureau in 1970 there were 146 black-white
married couplecouples for every 100000 married couples. In 1980 that number increased to 335 and in 1990 to
396. There are no reliable statisticstatistics on nonmarried couples. While recognizing legal sanctionsanctions as racist and violation of rightrights many African AmericanAmericans have looked down on those who consorted with whites. for of trialtrials of As dominant white attitudeattitudes it was not until 1967 after nine yearyears and appealappeals in the case Loving v. Virginia that the UnitedState States Supreme Court ruled lawlaws prohibiting marriagemarriages between blackblacks and whitewhites unconstitutional at that time sixteen southern statestates had such laws.
The ongoing legacielegacies of the legal and social history of thithis subject are apparent in issueissues ranging from the choice of racial categoriecategories on UnitedState States censucensus formforms to the influence of racist ideology in sex crimecrimes or alleged sex crimecrimes to antagonism from both white and black communitiescommunitie toward marriagemarriages and relationshipsrelationship acrosacross the color line.
-- Martha E. HodeHodes
FURTHER READINGREADINGS
Higginbotham A. Leon Jr. In the Matter of Color Race and the American Legal ProcesProcess The Colonial Period. New York 1978. HodeHodes Martha. The Sexualization of Reconstruction PoliticsPolitic White Women and Black Men in the South after the Civil War. Journal of the History of Sexuality 1993 402-417. Spickard Paul R. Mixed Blood Intermarriage and Ethnic Identity in Twentieth-Century America. Madison Wis. 1989. Williamson Joel. New People Miscegenation and MulattoeMulattoes in the United States. New York 1980.
Source Citation Miscegenation and Intermarriage. Encyclopedia of African-American Culture and History. vols. Macmillan 1996. Reproduced in History Resource Center. Farmington HillHills MI Gale Group. http/Igalenet.gagrou p.com/servletlHistRC/
Document Number BT2312228471
IN TI-Il SHAD_OW OF SLAVERY
AFRICAN AMERICANSAMERICAN IN NEW YORK CITY
162 618 63
LESLIE M. HARRIHARRIS
The Univereity of Chicago PresPress
Chicago and London The University of ChicagoPres Press Chicago 60637
The University of ChicagoPres Press Ltd. London
2003 by The University of Chicago
All rightrights reserved. Published 2003
Paperback edition 2004
Printed in the United StateStates of America
121110090807060504 2345
IsBN 0-226-31774-9 cloth
I5BN 0-226-31773-0 paperback
Library of CongresCongress Cataloging-in-Publication Data
HarriHarris Leslie M.
In the shadow of slavery African AmericanAmericans in New York City 16261863
Leslie M. Harris.
studiestudies of urban p. cm.Historical America
IncludeIncludes bibliographical referencereferences and index.
IsBN 0-226-31774-9 cloth alk. paper
i. African AmericansNew York StateNew YorkHistory. a. New York
Colonial ca. New York N.Y.History period 16001775. 3. N.Y.History
York I. Title. II. Series. 17751865. 4. New N.Y.Race relationsHistory.
F128.9.N4H37 2003
3o5.89607307471 opdcai
2002027144
The paper used in thithis publication meetmeets the minimum requirementsrequirement of the
American National Standard for Information SciencesPermanence of Paper for
Printed Library MaterialsMaterial ANSI 139.48-1992. Radical AbolitionistsAbolitionist and Slack Political Activism
New York City the racism of northernwhite whites limited blackblacks abilitieabilities to ed CHAPTER SIX ucate themselvethemselves and find well-paying jobs. As debilitating to blackblacks was the
long feach of southern slavery. Fugitive slaveslaves fled to New York City seek
ing freedom and New York City blackblacks welcomed them into their commu
The of Southern nities. But southern slaveholdersslaveholder and their also traveled New York Long Shadow SLavery agentagents to
in search of their former slaves. As southernersoutherners sought fugitivesfugitive all blackblacks Radical AbolitionistAbolitionists and BLack Political regardlessregardles of their statustatus were subject to capture for it was whiteswhite wordwords
blackblacks that were free. Activism against Slavery and Racism against they The interracial radical abolitionist coalition offeredblack blacks powerful new
allieallies in the struggle against slavery and for racial equality. The unprece
dented racial equality preached and practiced by white radical abolitionistsabolitionist
ledblack blacks to support the organized abolition movement acrosacross evolving clasclass
lines. New York City middle-classmiddle-clas black reformerreformers who had cooperated with
the Manumission Society during the emancipation era such as Samuel Cor
nish and Peter WilliamWilliams Jr. united with white middle-classmiddle-clas abolitionistabolitionists such
the 1830$ new coalition of black and white middle-classmiddle-clasreformer reformers chal as William Lloyd Garrison and Lydia Maria Child nationally and the Tappan
the racial prder of the nation. These radical abolitionistsabolitionist called for brothersbrother in New York found lenged City. Working-clasWorking-class blackblacks too wayways to con an immediate end to southern slavery unlike the gradual emancipation that tribute to the new movement. The tactictactics of the abolitionist movement such whitewhites had enacted the and without colonize free blacks. the of in North planplans to as creation local auxiliary organizationsorganization both before and after the or
Radical abolitionistabolitionists also pledged to fight racism by elevating the character ganization of the interstate American Anti-Slavery Society the focufocus on in and condition of the of color that blackblacks could share dividual contributionscontribution the from people so an equality to struggle against slavery ranging prayer with whitewhites of civil and religioureligious privileges. The activism of New York City and individual moral reform to raising money through sewing beebees to the
with blackblacks from other much of the radical blackblacks together citiecities inspired boycotting of productproducts produced with slave labor and the respect that white ism whitewhites the of and Free blacksblack vocifer among on issueissues slavery racism. abolitionistabolitionists and particularly William Lloyd Garrison held for black opin
colonization in the a8zoa8zos and well their estab colonization led blackblacks ous opposition to 18305 as as ionions on and antislavery many to pledge their support lishment of annual national conventionconventions in 1830 led some white supporterssupporter to the new movement.2 of such William rethink and then of colonization as Lloyd Garrison to reject The radicalism the abolitionist movement led to opposition from pro- colonization solution AmericasAmerica of and black and whitewhites of all These feared as to problemproblems slavery racism slavery colonizationist racist classes. groupgroups poverty. White abolitionistabolitionists were also inspired by the religioureligious revivalism the power of the new abolitionist coalition to upset the racial hierarchy north of the Second Great Awakening. Arthur and LewiLewis Tappan who came to and south New York City had important economic tieties to the South and
New York City from New England were among those whose intense reli merchantmerchants feared the alienation of southern slaveholders. Working-clasWorking-class giougious experiencesexperience motivated them to work to expunge the sinsins of slavery and whitewhites feared losing jobjobs to blackblacks and resented the effortefforts of the abolition and racism from the nation. For the TappanTappans Garrison other white radical istists and other evangelical reformerreformers to impose new morality on them. In
the and of abolitionistsabolitionist struggle against slavery racism was part larger New York City these whitewhites also feared the economic and political power
struggle for the moral perfection of the United States. Slavery and racism of reformerreformers like the TappansTappan who represented new middle clasclass whose
were the most degrading of host ofsin sins of which they hoped to cleanse the vision of economicseconomic politicpolitics and morality potentially threatened their live sexual nonobL United StateStates ranging from intemperance to promiscuity to lihoods. Anti-abolition whitewhites attempted to discredit the abolitionist move
servance of the Sabbath.1 ment by charging abolitionistabolitionists with encouraging amalgamation or racial
BlacksBlack agreed that slavery and racism were immoral but their opposition mixture that included socializing in integrated settingssetting casual sex and in
them the direct threat these caused their In to came from sinsins to well-being. termarriage. The chargecharges of amalgamation highlighted some whitewhites fearfears
170 173 Radical AbolitionistAbolitionists and Black Political Activism 172 Chapter
as best for blackblacks as that blaclblacls would achieve and identities. advocating certain ideological stancesstance economic political power in New York City By of such abolitionistabolitionists tried to remove the clasclass implicationsimplication ideologies. through association with abolitionist whites. Such fearfears resulted in the 1834 race and intellectual reform Both black and white abolitionistabolitionists advocated moral anti-abolition riotriots the worst riotriots in antebellum New York City. the of race in Amer of sincere belief in its efficacy for solving problemproblems The 1834 riotriots cooled the radicalism of New York CityCitys abolitionists. out the black middle-classmiddle-clas abolitionistabolitionists occupied special relationship to Black middle-classmiddle-clas abolitionistabolitionists refocused their effortefforts on the moral and ma ica. But black middle clasclass aimed the black working class. The fate of the terial reform of the black community.White abolitionistabolitionists who had not an reformreforms at that of the black work middle clasclass was bound inextricably with ticipated the violence with which their callcalls for racial equality would be met or aspiring and defined that infer clasclass in that saw all blackblacks as inferior backed away from addressing the material problemproblems of northern free blackblacks ing society to the race- and in clasclass terms. Black abolitionistabolitionists reacting to focufocus on eradicating southern slavery. The abolitionist movement also di iority partially at class-based of inferiority promulgated by the society large vided over the wayways blackblacks should work against slavery and for racial equal assumptionsassumption clasclass and also to define themselvethemselves of these divisiondivisions clasclass based. Because both to control the black working ity. Some were anti-abolition cob sought of blackblacks and in relation to that class. DiscussionsDiscussion of the problemproblems working-classworking-clas nizationist racist whitewhites used the poverty of many free blackblacks and their of racial Black immoral activitiesactivitie for racial black were often cloaked in the unifying language community. allegedly to support argumentsargument inequality black middle-classmiddle-clas reformerreformers thuthus attempted to create united community and white middle-classmiddle-clas abolitionistabolitionists focused on working-classworking-clas blackblacks as cru would be of themselvethemselves their own moral political so cial to solving the problemproblems of racism in the North and slavery in the South. that reproduction
and intellectual and desires. ThiThis kind of black community they For rhese abolitionistabolitionists the end of slavery required not only that southern cial goalgoals
be denied in the United States. slaveholdersslaveholder realize their own sinfulnesssinfulnes but also that free blackblacks demon believed could not equality clasclass abolitionistabolitionists of certain tactictactics heightened strate their moralworthines worthiness and equality. ThuThus middle-classmiddle-clas abolitionistabolitionists Middle-classMiddle-clas advocacy
blacks. The solutionssolution to racial inequality promulgated by focused on converting all blackblacks to the evolving middle-classmiddle-clas idealideals of moral divisiondivisions among markermarkers middle-classmiddle-clas abolitionistabolitionists were increasingly and social improvement such as classical education temperance and reli both black and white class. differencedifferences between the black middle clasclass and working giosity. Middle-classMiddle-clas abolitionistabolitionists also tried to control the participation of of ideological out few blackblacks to the prescriptionsprescription for successsucces spelled the black massemasses in the struggle to protect fugitive slaveslaves in New York City. began question identitieidentities and abdlitionists. Some simply claimed working-classworking-clas plea Middle-classMiddle-clas abolitionistabolitionists advocated nonphysical wayways to fight against slav by moral as the and racial suresures implicitly challenging perfectionism only way ery for equality such as moral suasion nonresistance and legal privately Paul black OtherOthers such as the porter Peter SimonSimons pub action AbolitionistsAbolitionist should convince otherothers of the sinfulnesssinfulnes of slavery to prove equality. attacked moral suasion nonresistance and intellectual elevation as through propaganda campaignscampaign petitionpetitions to government and refusal to par licly advocated struggle in economic that defensive force to achieve racial equality. SimonSimons manly physical ticipate systemsystems upheld slavery. Physical or wayways black middle- and roleroles for women forcing more conservative should not be used to protect fugitives. Rather blackblacks accused of being fugi greater public methods. clasclass abolitionistabolitionists such as Samuel Cornish to defend their political tivetives should fight for their freedom only through the courts. These were David founder of Some black middle-classmiddle-clas activistactivists most notably RugglesRuggle tenettenets of abolitionist activism aimed at everyone regardlessregardles of clasclass or race but failed to find middle the New York Committee of Vigilance attempted though in some casecases abolitionistabolitionists explicitly attempted to limit the partici abolitionistabolitionists and those of of between the tactictactics of middle-classmiddle-clas radical pation blackblacks whom they deemed uneducated or unruly.3 ground inclusive movement slavery black and the of defin black workerworkers in order to create more against AbolitionistsAbolitionist white were participating in procesprocess the best tactictactics to fight slavery and for racial These tensionstension over ing middle and working classesclasse consciously and unconsciously. In their own equality. and resulted and racism were mirrored in the larger abolitionist movement eyeeyes they advocated new moral standard for all regardlessregardles of class. But in the abolitionist forceforces 1840. the rejection of their moral idedlogiesidedlogie by both black and white working in the split by classesclasse albeit for different reasonreasons meant that they developed new meaningsmeaning ...
of what it meant to be middle clasclass based on morality as well as economic radi blackblacks the North was turning point to greater success.4 When dealing with the economic political and social problemproblems of For free acrosacross 1829 Convention of Abolition SocietieSocieties openly blackblacks both white and black abolitionistabolitionists tried to conflate classclas and racial calism. That year the American 1/ Chapter Radical AbolitioniatAbolitioniats and Black Political Activiani 175
declared its support of the American Colonization In Society. Cincinnati few weekweeks prior to the meeting. New YorkerYorkers Samuel Cornish Peter Ohio three-day riot whitewhites who feared the by increase in the free black WilliamWilliams Jr. Henry SipkinSipkins William Hamilton and ThomaThomas JenningJennings were population that had occurred there in the z8zoz8zos drove two thousand blackblacks the ad active participantsparticipant their numbernumbers equaling that of Philadelphians. In of out the city to Canada. In September of that David year Walker published dition delegatesdelegate from Maryland Delaware Long Island and Virginia at his Appeal to the Coloured CitizensCitizen of the World slave Walker runaway tended and were joined in subsequent yearyears by delegatesdelegate from upstate New from North Carolina who had settled in off Boston set storm of fear York Connecticut Rhode Island MassachusettMassachusetts New Jersey Ohio Maine southern whitewhites his among as pamphlet with its call for fiery physical action and Washington D.C. White antislavery activistactivists William Lloyd Garrison of blackblacks by to achieve racial freedom and justice turned in the handhands of free up Boston ArthurTappan of New York Benjamin Lundy of Washington D.C. blackblacks and slaveslaves there. Not all of WalkersWalker partparts argument appealed to re and Simeon S. Jocelyn of New Haven Connecticut also attended the 1831 form-minded blackblacks and whites. Black and white reformerreformers particularly convention. All had recently or were soon to reject colonization and convert
religioureligious leaderleaders probably agreed with WalkersWalker call educated to men of col to the doctrine of immediatism which called for the immediate abolition of our to But blacks enlighten your brethren black and whitewhites Walk without of slave colonization of questioned slavery guaranteeguarantees compensation to ownerowners ers of the violent justification uprising of southern slaveslaves last even as freed blackblacks or any form of apprenticeship freedom for former slaves.7 resort against whitewhites who refused to cease their abuse of blacks. Still the in The desiredesires of free blackblacks and the perfectionist beliefsbelief of religioureligious re crease in support for colonization the Cincinnati and WalkersWalker riot pam vivalistvivalists like CharleCharles Grandison Finney inspired thithis new group of white an called phlet blacksblack to action and increased the number ofwhite whites sympathetic tislavery activists. Although William Lloyd Garrison was deeply affected by to immediate abolition and antiracism.5 the religioureligious revivalism of the z8aoz8aos and 183o183os his position against colo For few yearyears prior to 1829 blackblacks in New York Philadelphia and Bal nization also grew out of his contactcontacts with the black Baltimore community timore had toyed with the idea of holding national convention of free his while he assisted Lundy with newspaper the GeniuGenius of l.Jnioersol Eman people of color to addresaddress the issueissues of the pressing day emigration to Can cipation in the late 182o182os In 1831 soon after he founded his own newspa ada or Liberia well the as as struggle for black freedom and racial in the traveled black half dozen equality per Liberator Garrison to communitiescommunitie in the United StateStates The eventevents of them action. 1829 spurred to In Septem citiecities including New York pledging to devote his life to the service of blackblacks ber 1830 Philadelphian Richard Allen founder and of the bishop A.M.E. who had suffered at the handhands ofwhite whites for so long. Additionally Garrison Bethel Church called meeting to form an that would organization improve publicized what he had learned on thithis tour aboutblack blacks anticolonization the condition of blackblacks in the United StateStates but would also land and aid work the first half buy viewviews in his 1832 ThoughtThoughts on African Colonization. In in the settlement of free blackblacks in Canada. The of the Upper majority dele of the book Garrison repudiated his previouprevious alliance with the American the gategates to convention came from Philadelphia. Allen8 desire for leadership Colonization Society. He devoted the second half of the book to blackblacks and tight control of the convention echoed his attemptattempts to gain control over thoughtthoughts on colonization as expressed in anticolonization meetingmeetings and res
New York CityCitys black Methodist churcheschurche in the 182o182os and discouraged olutionsolution in Philadelphia New York and other cities. GarrisonGarrisons willingnesswillingnes the attendance of New YorkerYorkers such as Rush Samuel Christopher Cornish to listen to blackblacks thoughtthoughts about their own destiny and to allow them to and Peter Williams. But free blackblacks from Maine to Virginia watched with in shape his viewviews on colonization slavery and racial equality ledblack blacks to em the terest first attempt by blackblacks to achieve an national organized presence. brace Garrison wholeheartedly. BlackBlacks provided the majority of the fundfunds
Although the convention movement reflected the and largely goalgoals aspi for the Liberator in its first yearyears of existence and peddled the newspapernewspapers in rationrations of black middle-classmiddle-clas leadersleader the throughout antebelhim period it citiecities acrosacross the North.a also served as forum for cross-clascross-class debate of the issueissues of moral and eco In contrast the conversion to the cause of immediatism of New York nomic improvement and blackblacks role in the abolition emigration of south merchant ArthurTappan and later his brother LewiLewis was based more on per ern slavery.6 fectionist religiousreligiou ideology than on contactcontacts with free blacks. Perfectionist In 1831 the convention reassembled in Philadelphia with broader reformerreformers believed that the world around them could achieve moral perfec platform of goalgoals and broader geographical representation. Allen had died tion free from sin. Eventually the TappanTappans came to believe that slavery was 176 Chapter Radical AbolitionistsAbolitionist and Black Political Activism 177
the greatest of sinsins in the United StateStates but they were also concerned with which in few yearyears would lead the most radical attack on slavery and rac other evilevils such as alcohol and prostitution. Their belief in perfectionism ism New York and the United StateStates had yet witnessed. did not necessarily lead to greater faith in the abilitiesabilitie of blackblacks to survive The manual labor school model on which the conventioneersconventioneer based their manual la in the United States. Although Arthur TappansTappan visit to the Convention of planplans was not initially designed to outfit individualsindividual for careercareers as the manual labor school the Free People of Color in 1831 was turning point in his awarenesawareness of the borers. American theological seminarieseminaries adapted conditionscondition and northern free he did fron\ thithis method of education would aspirationaspirations qf blackblacks not openly reject European modelmodels hoping strengthen abilitieabilities The manual colonization as solution to slavery until two yearyears later The temperate the bodiebodies of studentstudents without impairing their mental
enable studentsstudent work their TappansTappan disilluionment with the American Colonization Society stemmed labor system theoretically would poorer to way
partly from his knowledge of blackblacks opposition to colonization but also through school by farming making and selling furniture and perhapperhaps even
from the fact that rum was the Colonization SocietySocietys chief import into Li constructing school buildings. Middle-classMiddle-clas abolitionistabolitionists in the early 183o183os When the that the instruction beria. society refused to stop shipping spiritspirits to Liberia Tappan turned to the manual labor system because they thought
resigned. Throughout the 18305 both Arthur and LewiLewis Tappan held more of middle-classmiddle-clas studentsstudent in manual labor would alleviate the middle classclasss
conservative attitude toward methodsmethod of achieving the abolition of slavery growing distaste for physical labor. For middle-classmiddle-clas abolitionistabolitionists the man
the of blackblacks than and instill and equality did Garrison. Arthur Tappan initially favored ual labor school was way to decrease evolving clasclass divisiondivisions re the from an apprenticeship system to ease transition slavery to freedom in spect among the middle clasclass for all in society.12
the such the British had and similar educatorseducator had the combina South as implemented in Jamaica to By 1834 most American begun to question
gradual emancipation in New York. The New Yorkbased antislavery newnews tion of manual and intellectual pursuitspursuit in schools. The calling of the la
paper founded by Arthur Tappan and CharleCharles Denison the Emancipator borer is as honorable useful and important as that of the student but these
was lesless fiery in its rhetoric than GarrisonGarrisons Liberator9 two callingcallings do not require the same kind of training either physically or The the range of opinionopinions between Garrison and the TappanTappans would be both intellectually nor is the physical system of the student to be kept in
strength and source of division in the national antislavery movement same condition with that of the laborer stated one.1 On more practical
after 1834.10 In 1831 however the formation of the interracial but white- level studentsstudent who had hoped to work their way through school often did
dominated American Anti-Slavery Society was still few yearyears off BlackBlacks not have the mechanical or agricultural experience to do so successfully. But
their were more organized in goalgoals regarding slavery and racism than were the manual labor system remained popular through the 185o185os at abolition whites. What Arthur and theother others York and Oberlin Garrison Tappan brought to the 1831 ist schoolschools such as the Oneida Institute in upstate New
black convention was the possibility that they could provide money and in Ohio.14
for the property conventioneerconventioneers planplans to educate blacks. The white activistactivists Neither mainstreamnor abolitionist manual labor schoolsschool were designed
that blackblacks and whitewhites work for the studentsstudent for manual labor but the dual suggested together to create college to prepare their occupationoccupations nature liberal education of Young Men of Colour on the Manual Labor System. of education manual and mental inherent in the structure of the manual
ThiThis manual labor school would combine moral and intellectual with suited black and whitereformer reformers for free uplift labor system particularly goalgoals alleviate practical meanmeans to economic distresdistress among laboring blackblacks much blacks. At the 1831 convention both blackblacks and whitewhites saw the school as as the African Free SchoolsSchool had. Young Men of Colour educated on the way around the exclusion of free black maleworker workers from skilled appren
manual labor system were to obtain both classical education and useful ticeshipticeships in the North. The school could employ skilled craftsmen who
Mechanical or Agricultural profession. Such education would help alleviate would train blackblacks outside of the racially exclusive apprenticeship system in
the and blackblacks present ignorant degraded condition of free blackblacks and elevate the northern cities. But providing intellectual and moral education to was
character of the coloured BlackBlacks and whitewhites school. The children of the would general population. would work just as important to supporterssupporter of the poor
together on the project but blackblacks would control the school and form ma receive regular classical education as well as those of their more opulent
jority of the schoolschools trustees. The school was never built. But the discussion brethren. The school would also provide an institutional basibasis for incul around the manual labor school plan as well as the reasonreasons for its failure re cating moralmorals into free blacks. For middle-classmiddle-clas blackblacks the present ignorant
veal the evolving clasclass and race ideologiesideologie of thithis new interracial coalition and degraded condition of many working-classworking-clas blackblacks reinforced the racist 178 ChapterChapterS Radical AbolitionistsAbolitionist and Black Political Activism 179
perceptionsperception of blackblacks held by proslavery and colonizatioatist whites. Black re JamesJamess death in 1829 and WalkersWalker in 1830 StewartStewarts religioureligious commitment formerformers recognized that blackblacks had had few opportunitiesopportunitie for mental culti deepened inspiring her to begin to work for greater justice and equality for vation or improvement but saw blackblacks lack of education as detrimental to blacks. In 1831 she went to the Boston officeoffices of William Lloyd GarrisonGarrisons the fight for racial equality.15 The black conventioneersconventioneer identified the school Liberator and presented Garrison with her first manuscript political essay as way to combat whiteswhite claimclaims of black inferiority. encouraging blackblacks to demand their rights. Garrison was immediately drawn
and later The abolitionistsabolitionist focufocus on moral and intellectual training also reflected to Stewart and published many of her writingswriting in his newspaper in
desire to give blackblacks opportunitiesopportunitie to move beyond working-classworking-clas status. pamphlet form. By 1832 Stewart had begun to deliver her addressesaddresse before
Black leaderleaders of the i83oi83os believed that blackblacks low economic and social sta secular promiscuoupromiscuous audiencesaudience audienceaudiences containing men arid women. tus reinforced whiteswhite racism The American Colonization SocietySocietys negative In both her writingswriting and her speechespeeches she madewomen womens rightrights central to characterizationscharacterization of northern free blackblacks as poor as well as disproportion the strugglesstruggle for black freedom and equality. But by 1833 the black comu ately criminal and reliant on public fundfunds encouraged thithis belief. In New nitynitys criticism of her outspokennesoutspokenness led Stewart to flee Boston finding no
York in the i8zt law that blackblacks for individual useful color in particular suffrage gave political equality to use me as an to try to make myself among my who their proved worth by achieving 250 dollardollars in property also implied thithis city. Stewart settled in New York worked as schoolteacher and par that racism could be erased lower-classlower-clas These black She have by movement beyond status. ticipated in womenwomens literary and benevolent societies. may
imageimages and realitierealities combined with white workersworker refusal to work with lectured occasionally in the city but the Colored American did not cover blackblacks in skilled jobjobs led the conventioneersconventioneer to focufocus their energiesenergie on pro these eventevents Her public silence whether real or created by New York City
blackblacks with skilled but with blackblacks black viding not only training something beyond conservative attitudeattitudes to womenwomens participation in political
skilled trainingthe intellectual skillskills and moral conditioning that they saw activitieactivities appearappears to have been typical of many of New York CityCitys black
as necessary to move blackblacks economically socially and politically out of women. Black women were active in separate benevolent and literary socie
the realm of workersworker into more middle-classmiddle-clas status. For New YorkerYorkers thithis tieties in New York but until the 185o185os black men excluded them from public
would increase the number of black men who could participate in society as political leadership.17
full votingcitizens. BlackBlacks did believe that women had an important role in improving the
The conventionconventions focufocus on improving blackblacks morality and clasclass and citi morality of the black community. In the 1830$ black male reformerreformers and
zenship statustatus meant that the manual labor school project focused on the black women themselvethemselves created roleroles for black women as teachersteacher in black education and of occupational training young men The all-male conven schoolsschool and as organizersorganizer of benevolent and literary associationsassociation These
tioneerstioneer never referred to the education of women in connection with the roleroles paralleled the mainstreamemphasiemphasis on womenwomens roleroles as inculcatorinculcators of
have felt that black had moral did project. Many conventioneersconventioneer may women already valuevalues in children and ultimately in the wider society. Women thithis
direct in achieved greater degree of morality than black men. Black women numer through moral example and instruction the domestic sphere. The
dominated black church behalf of ically congregationcongregations and in 1833 the conventioneersconventioneer domestic sphere also extended to associational gatheringsgathering on be
noted that societiessocietie for mental improvement had been established partic nevolent or intellectual causecauses and these associationassociations brought black women
ularly among the femalefemales Buemore importantwomen could not bring full into the public sphere albeit in initially proscribed ways. Black women were
citizenship statustatus to the black community because no woman could vote. central to the first religioureligious congregationscongregation but did not function as ministersminister
And to the degree that citizenship also implied public participation in polit or deaconessesdeaconesse in organized churches. Rather women founded benevolent
ical debate many conventioneersconventioneer may have believed that women should not and literary societiesocieties under the umbrella of black congregationscongregation and some
speak in public16 timetimes with the explicit leadership of men In 1828 PeterWilliam Williams Jr. chaired
Such beliefbeliefs were shared by blackblacks in Boston who had driven writer and the inaugural meeting of the African DorcaDorcas Association and John RusRuss
Maria Stewart from the in StewartsStewart in served African Free SchoolsSchool CharleCharles AndrewAndrews orator city 1833. experiencesexperience Boston wurm as secretary. principal
and her migration to New York City illustrate the limitlimits black people placed had already drawn up constitution for the association which was to be
on black womenwomens political activism. She and her husband JameJames shipships composed of Female of Colour of good moral character. Manumission
outfitter wi.th substantial income were associateassociates of David Walker After Society membermembers lectured the meeting which included women on the need s8o Chapter Radical AbolitionistsAbolitionist and Black Political Activism
their covered the for the association which sould provide clothing for needy African Free black and white womenwomens work so poorly that wagewages barely
SchoolSchools students. Four men including Samuel Cornish took the namenames of basic necessities.2 all who feel desiroudesirous of the new the black women and their familiefamilies relied on interfamilial joining Society. Subsequently women At home poor nuclear households. Liv elected their own officerofficers and membermembers and submitted noticesnotice to black newnews networknetworks of aid their familiefamilies were not sheltered in
their and cash and dona which familiefamilies shared with single boarderboarders or paperpapers announcing meetingmeetings encouraging clothing ing practicepractices in apartmentapartments children with while worked tiontions but they appear to have retained male advisory board.18 in which parentparents boarded their neighborneighbors they nor fami Six yearyears later the founding of the LadieLadies Literary Society of the City of were common. HouseholdHouseholds were not delimited by biological tieties
blackblacks immune to such ar New York displayed the increased self-confidence of black women in public lielies by househuld spaces. Middle-classMiddle-clas were not
ThiThis confidence of involvement the lived with Samuel Cornish and his wife for sev organizing. grew out womenwomens in DorcaDorcas rangements. Henrietta Ray
the two shared Henrietta served while her husband CharleCharles worked as an and traveling Association organizationsorganization leadership. Ray eral yearyears agent the she Colored American. Other black activistactivists also traveled as secretary to DorcaDorcas Association as Henrietta RegulusRegulu in 1834 reporter for CornishCornishs served as first of the LadieLadies The for the abolitionist familiefamilies at home. But president Literary Society. Literary Society as agentagents or lecturerlecturers cause leaving reflected the increased roleroles of and did not public speaking women. Literary societiesocieties middle-classmiddle-clas blackblacks saw such arrangementarrangements as temporary judge blackblacks generally black and white allowed both men and women to practice the artarts them as they did working-classworking-clas living arrangementarrangements Working-clasWorking-class
reformerreformers such as Samuel of written and oral expression. MemberMembers might read bookbooks or their own es living situationsituations were subject to intrusionsintrusion by
musical dramatic These familiefamilies their fitnesfitness as of the en saysays aloud or even perform or pieces. activitiesactivitie re Cornish who visited black to judge part sembled familiar in which read of the African Free Schools. black familiefamilies domestic-sphere activitieactivities women might rollment processproces Working-classWorking-clas
for each least the to choose but the fiscal aloud or perform other or for family members. Literary societiesocieties may have desired more privacy or at ability stretchethe boundarieboundaries of the domestic Female al livelives limited their sphere. literary societiesocieties fragility of their options.21 of of Color lowed Women to speak publicly first among themselvethemselves and then in front of The black male delegatesdelegate to the Convention the Free People
audienceaudiences of men and women NewspapersNewspaper advertised their activitieactivities invit ascribed to middle-classmiddle-clas viewviews of menmens and womenwomens roles. They sought to their families. Black women should ing an unknown public not simply family and close friendfriends to witneswitness their make black men the sole breadwinnerbreadwinners in
readingreadings and performances. Both men and women attended the third an use their domestic skillskills to improve their own familiesfamilie rather than working
the LadieLadies which of their These idealideals were im niversary Literary Society in women gave addressesaddresse and for white familiefamilies at the expense own. nearly the fami performed music poetry readingreadings and dramatic dialogues. The activitiesactivitie possible for the majority of black familiefamilies to achieveincluding the conventionconventions focufocus on themselvethemselves as well as their extensive coverage in CornishCornishs Colored Ameri lielies of conventioneersconventioneer themselves. But elevating that the can contrasted markedlywith those of the African DorcaDorcas Association few the citizenship statustatus of blackblacks through middle-classmiddle-clas methodsmethodmeant
black of the yearyears before.19 male conventioneersconventioneer ignored the education of women as part Black reformerreformers believed that black womenwomens participation in literary and manual labor school project. the benevolent societiesocieties and maintenance of sheltered nuclear householdhouseholds could Although blackblacks from New York and Philadelphia shared leadership YorkerYorkers dominated the help all blackblacks achieve equality. But these activitieactivities and household practicepractices of the Convention of the Free People of Color New The black from Phil were largely the domain of the middleclas class Foii black reformerreformers the occu leadership of the manual labor school project. delegatesdelegate
and niche in the urban pational domestic livelives of working-classworking-clas black women could not move adelphia had been relatively successful in carving out
blackblacks the such William and ideologically or economically into middle clasclass or aid in the ideo economy there. Convention delegatesdelegate as Whipper JameJames
for black BlackBlacks and continued and sailmakerssailmaker into substan logical struggle citizenship. whitewhites to view Forten parlayed their skillskills as woodsawyerswoodsawyer his white as degrading the domestic work most black women performed. Although tial fortunes. Robert PurviPurvis inherited large sum from father
South to Phila sewing could lead women to own independent businessesbusinesse as seamstressesseamstresse or cotton broker who had moved from Charleston Carolina
the link between millinersmilliner for most women needlework led them to labor at piecework at delphia with his mulatto wife and children in 1819. Further
home such work aid black not as in New or in sweatshops. Theoretically wagewages from might property ownership and voting in Philadelphia was explicit
familiefamilies in improving their economic statustatus but in reality employeremployers paid York Under PennsylvaniaPennsylvanias Revolutionary Warera constitution anyone 1. Radical AbolitionistsAbolitionist sod Black Political 552 Chapter Activism 183
could in to suf and his viewviews labor bound in that transformation As who paid certain amount in taxetaxes vote resulting accesaccess on were up supporter
for of When of colonization in the late also member of the frage 90 percent PennsylvaniaPennsylvanias men. Pennsylvania legislatorlegislators z8zoz8zos Tappan was founding the basibasis of revised the constitution in 1838 they kept tax payment as si4f- short-lived Society for the Encouragement of Faithful DomesticServant Servants white excluded New-York. frage but excluded blacksblack completely. ThuThus PennsylvanianPennsylvanians in Not coincidentally the organization formed in i8z6 as slav blackblacks from the pollpolls by threatthreats and physical force before 1838 and by race ery drew to an end in New York and as the first wave of Irish immigrantimmigrants afterward22 entered the city and moved into domestic work. The societyssocietyorganizersorganizer the In contrast none of the New York delegatedelegates with possible excep felt that the number of faithful and respectable servantsservant in our city has dun uf restaurateur ThomaThomas Downing were as wealthy as the Philadelphia latterly been quite inadequate to our wants. ReasonReasons forthi this shortage in who delegates. lthough both citiecities contained large numbernumbers of poor blackblacks cluded the very geniugenius of our government veiled reference to emanci have been needed skilled training the New York delegatesdelegate appear to more pation. Additionally though domesticdomestics may have tried to find jobjobs that paid Philadel understanding of the difficultiesdifficultie of life for poor blackblacks than the better that gave them greater independence or as the society noted jobjobs phianphians probably from personal experience. Samuel Cornish general agent which the pride of servantsservant leadleads them to consider as being more reputable for the school and membermembers of the New Yorkbased Executive Committee than their own. Domestic work was difficult and dirty additionally female ThomaThomas Peter and Bos and maledomestic domestics feared and sexual abuse Peter WilliamWilliams Jr. Philip Bell Downing Vogelsang physical in the intimate home few ton Crummell were middle clasclass or aspiring to that status. But profeprofes environment middle- sional New York City blackblacks in the lS3olS3os were able to maintain But most trying to employeremployers was what they perceived as their servantservants
clasclass standard of living without resorr to some form of manual labor. The love of incessant change or the movement of domesticdomestics from household
livelives of some of these men were mixture of middle-classmiddle-clas statustatus or aspira to household in search of better situations. ServantServants changed jobjobs for many the of tiontions and working-classworking-clas occupations. Samuel Cornish had been pastor reasonreasons including better wagewages family obligationsobligation or illness. Female do and have black church as well as founder of FreedomsFreedom Journal its successorsuccessors mesticmestics may sought other jobjobs after marriage or opted to stay home
Cornish shoe with their families. the RightRights of All and the Colored American. But opened own But the primary concern of TappanTappans organization
his Bell coeditor of the the mtddle-classmtddle-clas householdhouseholds caused makermakers shop in z8j6 to augment income Philip was was disruption to by domesticdomestics alleged
Co/ored American and kept an intelligence office which for fee matched up love of change rather than the conditionscondition that led to such change. As the
he also employeremployers seeking domestic servantsservantwith employees. But peddled society stated in its first annual report we are very dependant upon our Do
coal to make endends meet. Boston Crummell the father of Alexander Crum mestic ServantServants for large share of our daily family comfortcomforts hod Ser
harvested and sold alone if least of calm mell the black minister and leader oysters. He was propros vantvants are sufficient not to destroy at to mar much the
contribute fundfunds the of FreedomsFreedom and of domestic life. The tried domesticdomestics from perouperous enough to to founding Journa/ happineshappiness society tu discourage his children outside of thetr their faithful it was rumored to hire white teacher to tutor leaving jobjobs by rewarding and respectable servantsservantwith cash low classeclasses at the African Free Schools. But his occupation ranked in termterms prizeprizes and public recognition. The society also establtshed an intelligence
financial situa office both of social status23 PerhapPerhaps because of their own precariousprecariou to assist mastermasters and servantservants in obtaining mutually pleasing
tionstion these men sought to remove blackblacks from reliance on casual or un situations. Through such rewardsreward the society hoped to inculcate domedomes
blackblacks attain the skilled labor Such labor was poorly paid and would not help tic servantsservantwith pride in their work even though it was humble. There is
whitewhites of all classeclasses contin inherent in the stated which property necessary to vote. Additionally wary nothing republicanism society incapacitateincapacitates
such labor was ide the humble in life from the but ued to view unskilled or casual labor as degrading thuthus filling unobtrusive not unimportant station
of ologically harmful to the cause of black equality. servant with proper humility and faithfulness. Such person formforms one
the manual labor school of the linklinks which Although New YorkYorks blackblacks may have seen in connecting by society is bound together and the meanest
24 of the black the work link in the chain is of cardinal the rest. an opportunity for the elevation community beyond importance to
the behind white of the school were not the same. on the board of of the for the ing clasclass reasonreasons support Tappanremained managersmanager Society En of the manual labor school of Faithful DomesticServant Servants until dissolved New York merchant Arthur TappansTappan support couragement it in 1830. But
of his evolution from colonizationist to radical abolitionist with workerworkers with work project was part Tappansconcern inculcating morality good habithabits 184 Chapter Radical AbolitIonistsAbolitIonist and Black Potiticat ActIvism 185
and of low-statuslow-statu continued. Not loyalty acceptance low-paying occupationsoccupation opposed to moral reform Cornish noted that the Cranberry Moral Re
an for freed southern slaveslaves which form Tappan supported apprenticeship system Society auxiliary to the American Moral Reform Society had in its would the same end of free workerworkers habithabits of in constitution made definite perform teaching newly planplans to reform the people of color of Cran Thus of the manual labor school have the dustry.Thu TappansTappan support project may berry by giving rising generation good education and instructing
from desire form moral and lesless from de them in useful come mostly to loyal workersworker some occupation second by the general diffusion of useful sire to elevate blackblacks to the middle clasclass to educate blackblacks did all classeclasses of adult TappanTappans goal knowledge among personpersons third by promoting among us that blackblacks should the class.25 the moral not necessarily mean move beyond working virtuevirtues of Christian gracegraces and the refinementsrefinement of civilized life.
of the other white of the school were con Cornish and other black Probably none supporterssupporter initially New YorkerYorkers linked material improvement to moral either. cerned with such issueissues improvement more strongly than most Philadelphia leaders27
The goalgoals of thevariou various constituenciesconstituencie in support of the manual labor Additionally the PhiladelphiansPhiladelphian who founded the American Moral Re school in the were not forced to resolution in how form did build project 183o183os practice Society not want to school that would serve only blacks.
for the school built. Arthur and the other ever was never Garrison Tappan ConventionsConvention schoolschools and other organizationsorganization and institutioninstitutions that invited white visitorvisitors to the convention the black conventioneersconventioneer one blackblacks 1831 gave year only to participate reinforced the linelines of race and thuthus racism. De
to raise the thousand dollardollars for the establishment of the the fact that blackblacks had far lesless twenty necessary spite accesaccess to skilled training than whitewhites
school in New Haven Connecticut. also bought land for the school the Moral Reform voted in Tappan Society 1836 that any schoolsschool the society tried near Yale But of hundred of New HavenHavens to establish should be University. protest rally seven not designated solely for the free people of color but white the school stalled the Samuel residentresidents against project in 1831. Cor shouldaddres address the white as well as the colored community. Black im nish and his continued collect for the school but agentagents to money were un provement should be subsumed in the improvement of all of American soci
able find site on which build Most white towntowns the to new to predominantly ety. Additionally wordwords of color and colored implied degradation
in the northeast feared that the establishment of blackschool schools would in and should be associated not with institutioninstitutions and other effortefforts made by
crease their black Arthur retreated from blackblacks for their The populations. Additionally Tappan improvement. Moral Reform SocietySocietys refusal to addresaddress
full of the that other communitiescommunitie would to blackblacks led blackblacks support project skeptical welcome problemproblems specific many to reject the society and refuse to the school if the friendly generousgenerou pioupious and humane residentresidents of New give fundfunds to the school.28
Haven had not. The formed New also The Moral Reform newly England Anti-Slavery Society Society also contributed to the foundering of the raise fundfunds for the but unsuccessful26 black attempted to schooL was convention movement after 1835. The PhiladelphiansPhiladelphian and New York
DivisionsDivision blackblacks as to the of the school also contributed had among purpose ers struggled throughout the 183o183os over leadership of the convention
to the downfall of the In black took over lead movement In the Moral project. 1834 PhiladelphiansPhiladelphian 1836 Reform Society scheduled its first meeting in of the school William Robert ership project. Whipper PurviPurvis JameJames Forten Philadelphia at the same time that New YorkerYorkers in charge of the black con
and other lesless concerned with the material elevation of verstiun had PhiladelphiansPhiladelphian were scheduled the annual meeting in New York Although the New
blackblacks than with the moral reform not of the black but of YorkerYorkers did hold only community ultimately not meeting that year they also refused to at
the entire nation led the establishment of the American Moral Re tend the Moral Reform Whipper SocietySocietys meeting. Such infighting led to the collapse form which the convention control of the manual la of the Society at 1835 gained convention movement. As the Moral Reform Society alienated blackblacks bor school The Moral Reform control of the school and the convention project. SocietySocietys project movement collapsed the manual labor school project lost
led to concern with the of blacks. The Philadel stable of black greater personal morality source support. The national effort for black-controlled
believed that moral the best for blackblacks to labor school until phianphians improvement was way im manual lay dormant the revival of the convention move their and economiceconomics related in the in the prove status. Although morality were ment 18405. At that time new set of more secularleader leaders and con
mindminds of New YorkerYorkers the emphasiemphasis of the PhiladelphiansPhiladelphian on individual cerncerns would animate the discussion.29
moral reform fewer for collective or material meanmeans to As the national manual labor provided optionoptions pro school project and the black convention vide blackblacks with Samuel Cornish said of the working-classworking-clas employment. so movement foundered New York City blackblacks established local societiessocietie and
that they were wild indefinite and confused in their views. schoolsschool to work toward the stated the ciety vague original goalgoals in conventionconventions support i56 chapter Radical AbolitionistsAbolitionist and Black Political Activism 187
of the manual labor school project moral intellectual and occupational McCune Smith speaking on the Circulation of the Blood. At an anniver
of training for blacks. The most successfulwas the Phoenix Society established sary meeting the LadieLadies Literary Society membermembers composed their own
Cornish and his Theodore and such in early 1833 by Samuel protégé Wright. Wright speechespeeches dialoguesdialogue on topictopics as the improvement of the mind and on as with so many other black New York educatorseducator and reformerreformers had at First Appearance in Company probably serieseries of exampleexamples on how
his studiestudies introduce oneself tended the African Free SchoolsSchool in the i8zoi8zos After completing to properly at social occasions. Membership in such so at the Princeton Seminary he succeeded Cornish as pastor of the First Col cietiecieties ranged from those who had considerable advantageadvantages of education those who had ored Presbyterian Church in New York City in i8zS. African Methodist to lesless education but sought to improve their leisure hours.
Episcopal Zion bishop Christopher Rush was named president of the society But middle-classmiddle-clas educated blackblacks and particularly black ministersminister and their and Samuel Cornish acted as general agent. White reformer Arthur Tappan wivewives dominated the leadership of such societies. Cornish Rush Wright
and financial The Phoenix would and PeterWilliam Williams continued acted as treasurer provided support. Society Jr. to lead the Phoenix Society. Henrietta Ray
blackblacks of all with in literature and mechani the first of the LadieLadies provide ageages guidance moralmorals president Literary Society and deeply religioureligious cultural and cal artarts through education activitieactivities job training employ woman herself was the wife of CharleCharles B. Ray who worked as traveling re
PlanPlans included lectureserie series and for the Colored ment assistance. circulating librarielibraries porter American before becoming Methodist minister al beit after employment centerscenter to assist young men in finding apprenticeshipsapprenticeship and HenriettaHenriettas death. As with planplans to build black schoolschools the liter
aid the of food long-term employment and material in form clothing or to ary societiesocieties encouraged moral reform as well as intellectual growth.32
for The the more deititute The society opened high school young men in 1833 emphasiemphasis New YorkYorks black reformerreformers placed on education grew out for The African DorcaDorcas Association collected of two and one young women in 1836. concernsconcern improvement of their own condition and the abolition of and used distribute children these and racism. On the repaired clothing to to poor attending slavery one hand northern blackblacks needed to improve The their schoolschools as they did for poor children attending the Africar Free Schools. economic political and moral condition for their own survival. If
also School for Colored and there is Phoenix Society sponsored an Evening People any one thing which we can do more than otherothers in the elevation These schoolsschool rented and enfranchisement eventually Sabbath school taught by LewiLewis Tappan. of our colored people it is education. ReformerReformers re
the which New York blackblacks of all roomrooms including some in Broadway Tabernacle evan peatedly urged classesclassebut particularly the lower classesclasse to ob
associated with revivalist CharleCharles and radical abolitionism tain education feared that blackblacks gelicalgelicals Finney They had been too negligent on thithis sub built in the to the smaller Chatham Street The school and had not taken sufficient of the 183o183os replace Chapel. ject advantage multiple opportunitiesopportunitie of for successful studentstudents than the education available young women was more in attracting was receiving to them from private and public schoolschools to school for its ThiThis free Sabbath and young men enrolling thirty-five at height. was probably evening schoolsschool reading roomrooms and literary societies. Al because adolescent in black familiefamilies could earn at times black reformers boyboys more money working though time reformer focused on the education of black men as the than adolescent girls. ThuThus familiefamilies were more likely to allow girlgirls to attend crucial as in case of the manual labor school project womenwomens moral and
schoolsschool for than neither school sustained intellectual education longerperiod periods boys. But high too was important so that they could fulfill roleroles as steady enrollmentenrollments and by 1838 both schoolsschool had closed for lack of funds. teachersteacher and as mothers.
the of the schoolschools the Phoenix continued as New York free blackblacks also under Following closing Society CityCitys were pressure to prove the successsucces of several societiesocieties in the These societiesocieties of northern one literary city literary were usu emancipation. Exclusion from schoolsschool and skilled training pre Phoenix fifteen vented northern blackblacks ally single-sex. The Society welcomed young men from from displaying their full moral intellectual and economic yearyears old and upwardupwards as did the Philomathean Society and the short-lived potential and thuthus proving unequivocally that blackblacks could live as
Ladies married and free and Union Lyceum. The Ladie Literary Society welcomed single equal citizencitizens in the United States. But institutioninstitutions such as the
Both male and female societiesocieties featured of musical Phoenix schoolsschool and women. range lectureslecture Society manual labor schoolsschoolcould provide the oppor and recitalrecitals membermembers and The Phoenix So for blackblacks to performanceperformances poetry by guests. tunity prove they were equal to whites. New York City support
lecture serieseries featured its twelve John Peterson ers of these schoolsschool in black cietycietys 1841 among speakerspeakers sought particular to create working clasclass along
black New York City school principal speaking on geography and JameJames middle-classmiddle-clas lines. The combination of moral intellectual and skilled-labor i88 Chapter RadIcal AbolitionistsAbolitionist and Slack Political Activism 189 education would result in clasclass of artisan scholarsscholar who possessed high- to end it. The clotheclothes one the foodfoods wore one ate where one chose to spend skilled and in their read and discussed statustatus jobjobs spare time literatureart for whom one chose money to vote and where and with whom one chose to and the sciencesciences as well as the issueissues of the They would pressing political day. pray were all part of the struggle against slavery. Free produce campaigncampaigns en be much like their middle- and brethren. the Phoe upper-classupper-clas Additionally couragedconsumer consumers to avoid buying slave-produced goodgoods such as sugar and nix that some of its studentstudents would be to enter Society hoped prepared cotton. Men should vote for only political candidatescandidate who opposed slavery. middle-Classmiddle-Clas Such achievementachievements would not the professions. only improve Those who could not blackblacks and vote namely women should sign the peti conditionscondition of free blackblacks but also the correctnesscorrectnes and possibility of the tiontions that prove antislavery societiesocieties continued to send to CongressCongres despite the gag goal of immediate emancipation of southern slaves. and rule to state legislatures. Women organized antislavery sewing beebees and Black reformerreformers establishment of free black and immediate eman uplift sold their creationcreations to of abolition supporterssupporter at antislavery fairfairs the pro cipation as interrelated goalgoals became central part of the goalgoals of the Amer ceedceeds funded antislavery speakerspeakers and the publicationspublication of the local and na ican formedin December of In its con Anti-Slavery Society AASAASS 1833. tional societies. AbolitionistsAbolitionist the encouraged even poor and children to con stitution the to elevate the character and condition of the society pledged tribute to antislavery causecauses through penny-a-month campaigns. And if of color their intellectual moral and religioureligious im people by encouraging nothing else were possible the abolitionistabolitionists encouraged antislavery prayer. and Radical abolitionistabolitionists ac provement by removing public prejudice. ChistiansChistian should come out of or leave religioureligious denominationdenominations that con knowledged that the removal of public prejudice involved the education tinued to characterize slavery as GodGods will and blackblacks would also have improvement of whites. But to prove their equal North and south many whitewhites found the radicalism of the abolitionistabolitionists For middle-classmiddle-clas abolitionistabolitionists black and white the to do ity. simplest way disturbing even if themselvethemselves they opposed slavery. As the anti-abolitionist thithis adhere middle-classmiddle-clas of moral AbolitionistsAbolitionist was to to normnorms perfection. and cnlnnizationist New Yorker David Meredith Reece said uf the radical
the dictum coloured has it in his repeated Every man power to promote abolitionistsabolitionist they were not the creed and practice of Jefferson Franklin his to blackblacks of all classes.35 But reformerreformers aimed emancipation by Example Rush and John Jay of the old school for those laboured for gradual abo their effortefforts particularly at working-classworking-clas blackblacks whose habithabits colonization and lition were clearly right. Yet the radical abolitionistabolitionists were gaining istists held up as sign of the inability of all blackblacks to participate as equals in and equal power support at the same time as those membermembers of the old antislavery American Both black and white abolitionistabolitionists society. encouraged temperance school who had converted to colonization were unable to raise money for and education for blacks. AASAASS conventioneersconventioneer encouraged blacksblack in other their cause37
citiecities to follow the of New York blacksblack and form Phoenix societiesocieties example In New York blackblacks and City whitewhites men women and children all for their moral and intellectual improvement. formed local abolitionist societies. white Among societiesocieties many of the new The American Anti-Slavery Society emphasized masmass mobilization of radical abolitionistabolitionists had previously been colonizationistscolonizationist As abolitionistabolitionists In the first three qf its existence the dis antislavery support. yearyears society their criticismcriticisms of southern slave labor now assailed one of the cornerstonescornerstone tributed over million of antislavery literature and submitted nearly of New piecepieces York CityCitys As southern economy. newspaperman J. D. DeBovq stated hundred thousand six antislavery petitionpetitions to CongressCongres signed by nearly New York was almost as dependent on Southern slavery as Charleston it million Southern found these so threat one people. congressmen petitionpetitions self and the far Boston and city outstripped Philadelphia in its reliance on to that rule that tabled all anti ening slavery they successfully passed gag southern trade. New York sold producerproducers clothing including the negro and debatedebates on slav cloth slavery petitionpetitions automatically prevented congressional that slaveslaves wore shoeshoes and itemitems south. luxury SouthernerSoutherners shipped abolitionistabolitionists continued discussion of at the ery. Undeterred public slavery cotton tobacco and other turpentine pork raw goodgoods and produce to New local level Radical abolitionistabolitionists addressed their effortefforts to so that everyone by York. The New York served as center from which port merchantmerchants shipped and black and had formed one 1837 men women even children white over cotton as well as other southern goodgoods to pointpoints up and down the East Coast thousand local with combined of two antislavery societiesocieties membership and to Europe. New York also served the as central point through which Eu AbolitionistsAbolitionist wished eradicate the of slav hundred thousand by 1840. to sin were ropean goodgoods shipped south. Southern portports such as Charleston Sa from the nation to do sought to demonstrate to individualsindividual how ery so they vannah Mobile or New OrleanOrleans often shipped goodgoods directly to Europe their livelives could either the choiceschoice they made in daily uphold slavery or help themselvethemselves but YorkerYorkers New in the nineteenth managed early century to Radical AbolitionistsAbolitionist and Black Political Activism Chapter 191 190.
the South societyssociety effortefforts to reform prostituteprostitutes became discussion of the moral stan force in shipmentshipments between establish the New York port as major of of of the darddards not only wayward women but also some membermembers citycitys from the South landed on the wharveswharve filled with goodgoods and Europe. ShipsShip elite In the 1831 annual using statisticstatistics gathered by McDowell and reloaded onto shipships bound for Europe. report of the East River where they were written under the that New YorkerYorkers also TappanTappans leadership Magdalen Society charged collected tolltolls on these goods. New New York shippersshipper heavy from York City contained ten thousand prostitutesprostitute and that the clientclients of propros southern and thuthus profited ship established shipping linelines in portports YorkerYorkers were titutetitutes belonged to some of the citycitys most prominent and respectable from southern to Europe. New mentments that went directly portports with the wealth familiefamilies southernersoutherners were fully absorbed able to do thithis because most writerwriters Some New YorkerYorkers were outraged at what they saw as the slandering of and the slave trade Antebellum to be made through agriculture dol New York and its best familiefamilies by an upstart group of New England reform earned as much as forty centcents on every estimated that New YorkerYorkers ers. But membermembers of New YorkYorks best familiefamilies were not just clientclients to New YorkerYorkers sold southernersoutherners between propros larlars worth of southern cotton sold. titutetitutes were in the businesbusiness of brothels. John merchandise annually. New YorkerYorkers they entrepreneursentrepreneur Living million and million dollardollars in 76 131 and slaveslaves ston brother of founding father Robert R. Livingston and one of the most in southern factoriesfactorie plantationsplantation also held part ownership southernersoutherners and successful landlordslandlord in New York built his wealth through brothels. John connections. Finally wealthy through businesbusiness and family an Lorillard tobacco and Mat southern merchantsmerchant and plantersplanter Delaplaine importer George entrepreneur New YorkerYorkers socialized together. Many thew Hall all from In and brought DaviDavis Tammany politician profited prostitution. York to goodgoods some made annual triptrips to New City purchase well fact coalition of these wealthy and politically powerful men had already such as social and cultural as as their familiefamilies with them viewing triptrips York re defeated several proposalsproposal before New YorkYorks Common Council to raze SouthernerSoutherners also vacationed in New state businesbusiness opportunities. the househouses of prostitution in the Five Points. The Magdalen SocietySocietys annual re The reliance of New YorkYorks economy on sortsorts such as Saratoga Springs. threatened to mobilize new alliance to eradicate the broth whitewhites also on the con port pamphlet southern trade meant that working-classworking-clas depended els. City eliteelites and politicopoliticos quickly responded. Formermayor Philip Hone tinuation of the slave labor system.8 and General Robert BogardusBogardu ManhattansManhattan wealthiest real estate speculator colonizationist and anti-abolitionist In New York City proslavery held anti-Magdalen meetingsmeeting railing the social influence of New and LewiLewis MigrantMigrants from New against whitewhites attackattacks centered on Arthur Tappan. in the and leaderleaders of EnglanderEnglanders City. Newspapermen Tammany JameJames the most visible of new generation England the Tappan brotherbrothers were editor of the and Mordecai fanned to ex Watson Webb Morniog Courier Noah reformerreformers in New York City who sought radical moral perfectionist in northern urban theflame flames against the Magdalen Society and Arthur Tappan. NewspapersNewspaper from the nation from prostitution punge range ofsin sins from WebbWebbs Courier to the ManMans Adoocate denounced of the Sabbath to slavery in the South. Morning Working centerscenter to drinking to nonobservance New York Tappan and there were rumorsrumor that angry men would physically attack him converted to radical abolition City But even before the TappanTappans his of life. As and home. Surprised and fearful of the repercussionsrepercussion of his activism Tap- Arthur as threat to their way eliteelites had begun to view Tappan linked eco pan quickly withdrew from the society which dissolved within the year.4 in 2831 Tappan leader of New York CityCitys Magdalen Society The new public discussion of sex and morality in New York contin of eliteelites participation in pros City nomicnomics and morality in harsh criticism city pro ued in connection with the abolitionist movement.4 The to reform prostitutesprostitute ini Magdalen Society titution. The Magdalen Society an organization did not touch on issueissues of interracial sex. Two of the social and political controversy explicitly yearyears the of range citycitys religiousreligiou tially gained support later however the embrace of radical abolition and the formation Grandison first New York City re TappanTappans leaders. In the wake of CharleCharles FinneyFinneys of of the American Anti-Slavery Society resulted in the centering of amalga reformerreformers had to addresaddress the issue prostitution1 vival in 1829 some begun interracial and student McDow mation or socializing sex in New YorkerYorkers political land the FivePoint Points area. Princeton divinity John particularly in Unlike the word which invented York brothelsbrothel before scape. miscegenation DemocratsDemocrat in 1863 meetingmeetings in New City all spent year leading prayer the reforma for the expresexpress of demonizing black-white relationshiprelationships and dis in 1830 to organize purpose founding the New York Magdalen Society the leaderleaders of the crediting the Republican Party the word amalgamation has history be and Arthur were among tion of prostitutes. LewiLewis Tappan for yond American nineteenth-century racial politics. In and the United contributorscontributor to its House of Refuge re Europe society and the most generougenerous States described the of or distinct in however the State amalgamation blending any two more Under Arthur TappanTappans presidency 1831 formed prostitutes. 192 Chapter Radical AbolitionistsAbolitionist and Black Political Activism 193
oc people through intermarriage or through nonsexual cultural ex of the nationnations In New groupgroups political process. York City the interaction between The British in used the word to describe the earlier historic the changes. 1775 wealthy TappanTappans and blackblacks particularly disturbed white workers. The mixture of NormanNormans and Saxons. In the United StateStates in aSia the were of the Emperor TappanTappans representative new capitalistscapitalist who stripped workerworkers of Russia asked John Quincy AdamAdams whether immigrantimmigrants to the United of lucrative skilled and jobjobs attempted to reform them during their lei StateStates all well an intermixture hours. white amalgamate together implying acceptable sure Some workerworkers supported the antislavery movement and of people. But by the mid-lS3osmid-lS3o the use of the word in the other reformreforms the amalgamation promoted by TappansTappan but for many the TappansTappan associ
United StateStates chiefly suggested negative attitudeattitudes about black-white sex ation with blackblacks and their admonishmentsadmonishment to white workerworkers to support ual and social relationshipsrelationship from to casual sex to dancing and moral reform and racial intermarriage equality were unwelcome attemptattempts to change white otherform forms of The of interracial sexual workersworker socializing. offspring relationshiprelationships way of life with little in return in the way of increased economic also held adverse were up to scrutiny.42 or political opportunity.45 The abolitionist of i83oi83os New York City was central to thithis black and white controversy Although abolitionistabolitionists did not intermarry in New York redefinition In the black and white abolitionistabolitionists interracial 183o183os made or elsewhere abolitionistabolitionists did City some attempt to redefine public attitudeattitudes hallmark of their efforts. Black and white abolitionistabolitionists at toward interracial cooperation sex in two major areaareas they favored the legalization of tended and sometimessometime vis political meetingmeetings together worshiped together consensual interracial unionunions as might occur among free blackblacks and whitewhites ited each otherothers homes. Within abolitionist organizationsorganization such actionactions in the North and those they opposed that were forced by southern slave
were not without conflict. The LadieLadies New York City Anti-Slavery Society holderholders on slaves. In Boston in white 1832 abolitionistabolitionists William Lloyd Gar for example refused to allow black women to and the an rison and join throughout Lydia Maria Child began highly public campaign to repeal the
tebellum period as Theodore Wright stated white abolitionistabolitionists struggled to MassachusettMassachusetts law that forbade interracial marriage. In ChildChilds wordwords The annihilate in their own bosombosoms the cord of caste. But as anti-abolitionist be government ought not to invested with power to control the affetionaffetions of the had the whitewhites recognized the professed principleprinciples abolitionistabolitionists more than the consciencesconscience of po any citizens.44 Lydia Maria Child in her 1833
tential to the balance between the raceraces in New York City as in Favor that ClosCloss upset power Appeal of of AmericansAmerican Called AfricanAfricans was the first
well as to threaten the businesbusiness relationshipsrelationship between southernersoutherners and New abolitionist to denounce in the of print rape slave women by slave masters. Yorkers.43 Other abolitionistabolitionists followed suit. At the first anniversary meeting of the
The abolitionistsabolitionist political tactictactics and goalgoals blunted the attempt by some American held the Anti-Slavery Society at Chatham Street Chapel in New whitewhites to remove New YorkYorks blackblacks from the political by denying York in procesprocess 1834 delegate JameJames Thome of Kentucky related his observationsobservation of
them the vote and indeed from the polity completely by colonizing them in the men of talentstalent and respectability fatherfathers professorsprofessor of reli Africa. In their actionactions and wordwords abolitionistabolitionists expanded the of ministersall meaning gion classeclasses who consorted with slave women and con
politicpolitics by relying on moral suasion and by universal white tributed to the questioning overwhelming pollution of the South.47 As had been true
manhood suffrage and even the Constitution as the best exampleexamples of de with the abolitionistabolitionists Magdalen Society were again openly attacking the
and AbolitionistsAbolitionist also demonstrated that tactictactics sexual of elites. mocracy equality. political practicepractices That women too were joining the discussion made previously deemed fit only for whitewhites could in fact be used by blackblacks also. the attack even more the disturbing to middle and upper classes. AbolitionistsAbolitionist forumsforum in which black men well as black and presented as Probably all abolitionistabolitionists opposed sexual relationshiprelationships between slaveslaves
white discussed the issueissues of the as with white and slave and women political day equalequals mastermasters some became comfortable speaking against such rela
men and black and some white abolitionistabolitionists worked to obtain equal suffrage tionshipstionship in public. But few abolitionistabolitionists sustained as strong commitment for blackblacks The most radicalabolitionist abolitionists such as William Lloyd Garrison tb interracial did Child marriage as and Garrison. In New York City in the
blurred caste linelines between blackblacks and whitewhites even more. When late black visiting 8zo8zos reformerreformers denied that respectable blackblacks would wish to
black Garrison often said that he visited as black man or whitewhites organizationsorganization marry or participate in otherform forms of interracial socializing but ad
spoke to blackblacks as one of Such actionsaction did not simply reduce white mitted that dissolute blackblacks you. were indeed guilty as charged. Samuel Cor
abolitionistabolitionists to the level of blackblacks as some anti-abolitionistanti-abolitionists charged but hish and John Russwurm also blamed whitewhites for initiating the contact by fre raised the of blackblacks to whitewhites and forced the black possibility equality questioning quenting neighborhoods. They stated Our streetstreets and placeplaces of public 194 ChapterSChapter RadIcal AbolitionistsAbolitionist and Black Political Activism 195
amusement are nightly crowded with white prostituteprostitutes and their white male clients. In an article in FreedomsFreedom Journal black writer calling himself
Mordecai to the racist and colonizationist responded chargecharges by newspaper editor Manuel Mordecai Noah that blackblacks wished to marry whiteswhite am not covetoucovetous of sitting at the table of Mr. to hold by his arm in the
his should he streetsto marry daughter ever have onenor to sleep in his bedneither should think myself honoured in the possession of all these favours. ArgumentsArgumentby blackblacks against interracial marriage sought to uncouple the link between black equality and interracial sexuality.
According to these writerwriters interracial socializing was not respectable and thuthus not suitable goal of blackblacks seeking political equality.
The attitudeattitudes of abolitionistabolitionists toward interracial socializing sex and mar riage were thuthus far from simple approval. For the vast majority of abolition istists black and white their support of political and even social interracial interactioninteractions did not mean that they wished to intermarry and indeed aboli tionisttionists stated repeatedly that they did not wish to Yet abolitionsabolition opponentopponents in New York City many of whom had earlier opposed the Magdalen Society
now sexualized and redefined the issueissues of immediate emancipation and
black equality as the desire of abolitionistsabolitionist to encourage amalgamation in
New York City. The abolitionist coalition did participate in controversial ac Pig aS ThiThis anti-abolition cartoon was of one serieseries that depicted the activism of tiontions they cooperated with British abolitionistabolitionists and held up BritainsBritain record political abolttiontata as to leading ultimately intermarriage. Courtesy of the American Antiquarian of as moral which the anti- antislavery positive example angered strongly Society. British New YorkerYorkers they advocated temperance which angered some work
and called for strict observance of the which ers they Sabbath angered some and forced him to the preside over meeting and make speech. When the businessmen. But the abolitionistsabolitionist alleged support of amalgamation became man declared am poor ignorant man ... but have heard of the Decla the most for anti-abolitionistanti-abolitionists to the vio provocative rallyingpoint leading ration of Independence and have read the Bible. The Declaration saysays all lent riotriots of 1834. The riotriots distorted the abolitionistsabolitionist call for moral change men are created and the equal Bible saysays Cod has made us all of one blood into sexual between black and white abolitionists. imagined relationshiprelationships For think. we are entitled to good treatment that it is wrong to hold men in supporterssupporter of slavery and racial conservativesconservativecharge charges of amalgamation slavery the mob him interrupted denouncing immediate emancipation and were meanmeans to discredit abolitionistsabolitionist demanddemands to end slavery and include immediate amalgamation before dispersing.
free blackblacks as in the and economic life of the equalequals political city. The incident was the only first in serieseries of public altercationaltercations link after the Soon Arthur TappansTappan defection from colonizationistè to the ing immediate racial emancipation equality and amalgamation. Through abolitionistabolitionists in 1833 white New YorkerYorkers who supported southern slavery out New York early 1834 newspapernewspapers printed numerousnumerou articlearticles about the
and black colonization attacked the emerging abolitionist coalition In Octo fanatical abolitionistabolitionists and their opposition to colonization and white edi ber mob and led New York Courier and ed 183 encouraged by Enquirer tortors frequently linked the abolitionistsabolitionist of immediate goal emancipation to itor JameJames Watson Webb to the organizational at attempted disrupt meeting amalgamation figs. i8 and 19. JameJames Watson Webb Courier and Enguirer Clinton Hall of the New York local City Anti-Slavery Society precursor to led the attack on the abolitionist coalition. During the annual meeting of the the American Anti-Slavery Society. The abolitionistsabolitionist fearing such activi American Anti-Slavery Society held in New York in May 1834 Webb and had vacated the hall The tieties early. rioterrioters proceeded to hold mock meet nther anti-abolitionist editoreditors newspaper raised the possibility uf black anni in seized black named him Arthur ing which they an elderly man Tappari hilation or as amalgamation reasonreasons to support the colonization of blackblacks and Chapter Radical AbolitionistAbolitionists and Black Political Activism 197 196
thrust themselvethemselves into their placeplaces in steamboatsteamboats and to obtrude their aro
matic in whence the of let the personpersons placeplaces customcustoms society and us add in stinctstincts of nature have hitherto banished them. 51 These debatedebates over the place of blackblacks in society sparked physical con
frontationfrontations between blackblacks and whitewhites that led to full-scale rioting in early
July The July riotriots began with the harassment of black and white aboli
tiunisttiunists by crowd of hundredhundreds of young men who disrupted the abuli
uonibtuonibts Fourth of July celebration in Chatham Street Chapel. On July
black celebration of New YorkYorks Emancipation Day in the same chapel was
disrupted by membermembers of the Sacred Music Society who claimed they had
rented the chapel for the same night. The interruption ended with blackblacks
routing the musicianmusicians from the church amid epithetepithets and broken furniture.
NewNews of the incident spread on July and between July and 12 whitewhites
rioted destroying the homehomes of white abolitionist Arthur Tappan and the
homes and churchechurches of black minister WilliamWilliams white home Episcopalian Peter Jr.
Presbyterian minister Samuel Cox and white minister Henry C. Ludlow of
the Spring Street Church as well as homehomes and businessesbusinesse of blackblacks who
home. lived in the interracial Five PointPoints area.53 abolitioniat of content interracial family at man Pig. 19 An anti depiction standstands in the arm in arm with reaembling abolitionist William Lloyd Gartison doorway The three daydays of violence constituted the largest riot of the antebellum of the American white manservant to offer tea. Courtesy black woman sa preparea in New York yearyears City. Although blackblacks had been thevictim victims of mob vio Antiquarian Society. lence before thithis was the first time the issue of amalgamation was the ex
plicit concern and rallying cry. The riotriots were so violent not simply because
of the of the wrote in the New York Journal explosivenessexplosivenes amalgamation issue itself but because thithis was an to denounce immediate abolition. As Quo and abolitionistabolitionists which membermembers of all classeclasses of had been owned the TappanTappans slav issue population against of Commerce which ironically once by white New YorkerYorkers united. Because blackblacks and whitewhites shared could end in Colonization Amalgamation or working-classworking-clas ery in the United StateStates only in the Five where much after full emanci neighborhuodneighborhuods particularly PointPoints area of the dis Annihilation of black people. Annihilation would occur the turbance was centered the of black and the free blackblacks do not increase at all on contrary they meaningsmeaning citizenship amalgamation pation because were of concern to them. whitewhites wished to demar have not within them that stirring spirit which stim particular Working-classWorking-clas dwindle away... They themselves and from blacks. of the and the world with cate themselve politically economically Many riot ulateulates the white sonsons to penetrate the West people the alternative amalgamation ers were skilled workerworkers who feared the economic as much as the social ef intelligence and enterprise. Of supposed and virtuouvirtuous fectfects of the new regime represented by the Tappans. The rioting continued Quo stated There will never be an honorable amalgama with the of anti-abolitionist and elites. our at approval newspaper editoreditors police tion of the races. deluge of pollution must engulph country
offered the solution to the The union of these groupsgroup with the white working classeclasses led to an intense the thought of which the heart sickens. Quo level of destruction.5 of annihilation and colonization But according to problemproblems amalgamation The abolitionistabolitionists colonization from oc charge of amalgamation focused the rioterrioters hostility but the riotriots WebbWebbs Courier and Enquirer prevented revealed fearfears of in the United StateStates with the increasing black political and economic power. RiotersRioter de curring. They enticed blackblacks to stay prospro Aboli stroyed Arthur house because he had entertained blackblacks of admitted to social equality with the whites. TappansTappan allegedly pect being speedily there. MobMobs attacked PeterWilliamssWilliams and LudlowsLudlow churchechurches because the invite the blackblacks to dine with them send their Henry tionisttionists paper stated of that the be invite and en rumorsrumor ministersminister had performed interracial RiotouRiotous children to school with them and what we know to fact marriages.
crowdcrowds struck twice at SamuelCox Coxs church. Cox had denounced themselvethemselves in the same with whiteladie ladies to the practice courage them to seat pewspew 198 Chapter Radicet AbolitionistsAbolitionist end Black Political Activism 199
of black churchgoers in and had described Jesus for blacks segregating churchgoer negro pewpews Jesu reform black and the new radicalism of the abolitionistabolitionists and they had Christ as dark-skinned man GangGangs of men attacked black residencesresidence in invoked sexuality to provoke fear of the new movement. Under the new the interracial FivePoint Points area fairly indiscriminately but singled out some moral reform regime the anti-abolitionistanti-abolitionists blackblacks claimed were running of black affluence for harassment. MobMobs the exampleexamples special destroyed amuck. To combat these ideaideas abolitionistabolitionists retreated more firmly into moral African for Mutual Relief Hall and black-owned and Society barbershop reform ideology also disavowed They blackblacks public paradeparades even more assaulted black barber from another Isaiah black physically shop. Emory strongly than Samuel Cornish and Peter WilliamWilliams had in 1827 thuthus effec received threatening note. Another black feared shopkeeper storekeeper tively giving over the streetstreets to whites. that two brick househouses he owned would be destroyed.55 The working-classworking-clas The abolici nist to the riotriots response confirmed the power of the mob white mobmobs displayed mixture of fear about interracial to and the sex antipathy weaknesweakness of black claimclaims to racial equality middle-classmiddle-clas standing ward with blackblacks of clasclass and sharing neighborhood space any particular and political within and outside of power the abolitionist movement. In of elevate blackblacks either with them resentment attemptattempts to to equal standing strongly interracial rejecting marriage New YorkYorks black and white aboli selveselves or with middle-classmiddle-clas white abolitionistsabolitionist whether through intermar tionisttionists implicitly disassociated themselvethemselves from William Lloyd GarrisonGarrisons rhetoric or the effortefforts of blackblacks themselves. riage through through continuing campaign to the repeal MassachusettMassachusetts law against interracial The abolitionistabolitionists for whitewhites violent denunciation of were unprepared marriage. AbolitionistsAbolitionist the through Civil War drew distinction between black citizenship in the riots. The riotriots led New York aboli rightrights 1834 City opposition to legal restrictionsrestriction on interracial marriage and their own per tionisttionists to tone down the radicalism of their claimclaims for immediate emanci sonal actionactions But in the wake of the 1834 riotriots the TappanTappans and other New pation and black equality. On Saturday July za following the dispersal of York abolitionistabolitionists both black and white did risk such not complex state the riotersrioter white abolitionistabolitionists Arthur and John Rankin on behalf ment. instead Tappan the of 55 rejecting possibility intermarriage completely. of the Executive Committee of the American Anti-Slavery Society posted white Further abolitionistabolitionists with the of possible exception William Lloyd handbillshandbill throughopst the city that stated among other pointpoints We entirely Garrison began to draw distinctiondistinctions between blackblacks and whitewhites that depicted disclaim desire between white any to promote or intermarriagesintermarriage blackblacks as encourage group as unlettered even as white abolitionistabolitionists continued to as and colored citizens. the abolitionistsabolitionist Con Despite repeated petitionpetitions to sociate with middle-classmiddle-clas blackblacks in their organizations. Such distinctiondistinctions the abolitionistabolitionists also stated their of statestates gresgress against slavery support defined the limitlimits of black and equality the limitlimits of white abolitionistabolitionists role to decide the fate of thatabolitionist abolitionists did not ask of rightrights slavery claiming in helping blackblacks achieve For equality. example Bostonian Lydia Maria act their constitutional which the aboli CongresCongress any transcending powerpowers Child wrote in 1834 On the of subject equality the principleprinciples of the abo 56 tion of slavery by CongressCongres in any state would plainly do. Soon after litionistslitionist have been misrepresented. have not the They slightest wish to white abolitionistabolitionists also beat fast retreat on some of the issue of aspectsaspect do violence to the distinctiondistinctions of society by forcing the rude and illiterate black On and Rankin and other aboli equality. July 17 August 19 Tappan into the of the learned and presence refined AbolitionistsAbolitionist only wished to tionisttionists black abolitionist Samuel stated that including Cornish again they give blackblacks the same rightrights the lowest enjoyed by and most ignorant white had not interracial But the abolitionistabolitionists also defined encouraged marriage. man in America. But the lowest white man increasingly saw himself as additional limitlimits on action for the cause of black citizenship and equality in definition by above the level of blacks. FurtherChild Childs statement implied from defense of black of particular withdrawing use public space. They re that all blackblacks to degree were rude and illiterate The viewviews of Child futed rumorrumors that to the riotriots abolitionistabolitionists had blackblacks to prior encouraged and other white abolitionistabolitionists as historian George Fredrickson has noted take over the streetstreets and search for white women. stated that had They they could be used to reinforce the unfavorable free-Negro stereotype that was not colored men to ride and down on horse back encouraged up Broadway promulgated by colonizarionistcolonizarionists and defenderdefenders of slavery. ThuThus because or themselvethemselves forward in public paradeparades nor had they encouraged white put abolitionistabolitionists themselvethemselves reinforced viewviews of blackblacks as inferior their at of those colored ladlads who to Sabbath school before the fifty belonged tempttempts to grant social and economic equality to New YorkYorks blackblacks were in abolition commenced the with their measuremeasures to parad street canecanes disarray. and dandy dresdress seek white wives. Those who these rumorsrumor Black spread abolitionistabolitionists too retreated from the radicalism of interracial polit had used them to the distinctiondistinctions between older methodsmethod of social ical exaggerate activism On July white 14 Episcopalian bishop Benjamin Onderdonk 200 ChapterChapterS Radical AbolitionistsAbolitionist and Black Political Activism 201
WilliamWilliams either down lesless on interracial interactionsinteraction and for black edu ordered black Episcopalian minister Peter Jr. to step emphasiemphasis greater support and from the American Anti-Slavery Society or resign his position as minister. cationoccupational intellectual moral. But for white abolitionistabolitionists
but denied that he had an active conservatism led to retreat from reform effortefforts to WilliamWilliams not only left the society played greater funding practical
the Board of at the inau addresaddress the material and educational needneeds of northern free blackblacks instead role there. Although elected to ManagersManager societyssociety that he never met with that Board but for the American Anti-Slavery focused on ending southern The gural meeting WilliamWilliams claimed Society slavery. and then without New York abolitionistabolitionists led thithis in focus. As historian Aileen Kradi few momentmoments at the close of their sessionsessions uttering change
has abolitionistabolitionists such word. WilliamWilliams also claimed that when he was elected to the Executive tor pointed out as the TappansTappan in calling for racial
held York in he had re had been more radical than realized demand for Committee at the AASAASS meeting in New May 1834 equality they fjheir
and have attended but on one occa the abolition of slavery linked with the establishment of and civil plied that could not attend to it never political of the WilliamsWilliamss re equality of the racesrace would an alteration in American more sion. The procolonization newspapernewspapers city published require society 60 drastic than or were for. ThuThus in treat from the AASAASS with unfeigned pleasure. they thought by temperament prepared
the abolitionist the wake of the the first of For black reformerreformers such as WilliamsWilliam the solution to 1834 riotriots commitment white abolitionistabolitionists such
for blackblacks to focufocus on the reform of the black community as the TappanTappans was to the eradication of slavery. The existence of racial prej controversy was of white abolitionists. White abolitionistabolitionists udice was troublesome but not as as and while without the physical presence troubling slavery accepting
the freedom of slaveslaves and the political rightrights of both gbalgbals of. and eradication of race were best equipped to pursue emancipation prejudice for wished free blackblacks and black abolitionistabolitionists were best equipped to prepare blackblacks to demonstrate to the potentially friendly sectionsections of the white pop
of the riotriots WilliamWilliams said that he ulation that abolition was with most customcustoms and institutions. freedom and equality. In the wake 1834 compatible southern wished the American Anti Slavery Society all successuccess in ending lThey were willing to accept partial gaingains as stepsteps toward the ultimate
black reformer was ... to la goals. White abolitionistabolitionists also believed that if ended racism slavery but that his own role as exclusively slavery too of these Samuel Cor would fall and the condition of free blackblacks would Abolitionist bor to qualify our people for the enjoyment rights. improve.
nish was more blunt when he stated that white men are not calculated to Gerrit Smith of Feterboro New York stated that until thithis slavery ceaseceases
of colored know our thithis of man because he has African blood in his veins judge of the abilitiesabilitie and adaptednesadaptedness men. lYou enslaving simply vein The the free colored of thithis will be able their coloured population but in certain spherespheres of life. intelligent among us population country not to exchange and there can descend with them into their different walkwalks and associationsassociation present debasing mockery of freedom for freedom itself. ThiThis belief that 61 Wil the end of would end white allowed fore can better estimate. them under their variouvarious circumstances. only slavery prejudice many white blackblacks abolikionistabolikionists lIamlIams and Cornish saw themselvethemselves and other middle-classmiddle-clas educated to stop working to improve the conditionscondition of northern free
and racial Their educa blacks.62 as bridge between the black community equality. what black needed to do to As result of these reconsidered black and white abolitionistabolitionists tion and morality meant they understood people goalgoals
of and the tieties of race them began to Black abolitionistabolitionists continued to believe that the achieve equality in the eyeeyes whiteswhite gave spe part ways. im and desiredesires of blacks. In the black of the condition of northern free blackblacks was as cial understanding of the conditionconditions needneeds provement important as had contact with blackblacks the abolition of slavery and that the two were interrelated. neighborhoodneighborhoods and churchechurches they more day-to-day goalgoals They inferior needed than white abolitionists. But they too viewed the masmassof blackblacks as American Anti-Slavery Society fundfunds to assist them in their uplift
and believed that blackblacks needed for free blacks. But the AASS refused to fund such Of to whitewhites and perhapperhaps to themselvethemselves prepa programprograms AAS programs. did differ the ration and education for citizenship. ThuThus their overall goalgoals not societyssociety thirty-eighttraveling agentagents only three were assigned to the
those of white abolitionistsabolitionist classical education moral im interestinterests of our free colored brethren and in the essentially from 1838 society reassigned of the moral-reform these three to other duties. In black New York abolitionist provement temperance and other idealideals were part agentagents 1836 overall. Theodore S. asked each of the local societiessocietie to middle-classmiddle-clas agenda for improving society Wright auxiliary appoint white abolitionistabolitionists in the committeecommittees that would introduce our colored brethren the The increasing conservatism of black and standing to use
of the American ful artarts and establish between blackblacks and such wake of the 1834 riotriots complicated enactment Anti-Slavery hopefully contactscontact me
black conservatism meant chanicchanics as are to teach them tradetrades and treat them as do their SocietySocietys credo of racial uplift. For abolitionistabolitionists willing they 202 Radical AbolitionistsAbolitionist Chapter and Black Political Activism 203
their female other apprentices. But the local societiessocietie concentrated effortefforts in Ohio inferiority and the of womens inappropriatenessinappropriatenes women activism in the pub of from the East lic or black communitiescommunitie Upper Canada away Coast sphere. seeing benevolence as the among Although brightest gem that adornadorns citiecities where the abolitionist leadership was centered and where black prob the female character he also asserted womenwomens intellectual equality with lemlems were the most acute. Both in New York and nationally men and criticized and among City men women who saw women as inferior those fe white abolitionistsabolitionist aid to free blackblacks and particularly working-classworking-clas blackblacks malemales who considersconsiderthere gudgement sicj lesless ought to be outcastoutcasts of all of stable schoolsschool and other was characterized by lack seriouserious funding to popular societiesocieties for there influence might excite the same opinion of projectprojects that would improve blackblacks conditionscondition and by an emphasiemphasis on indi self incapability in many promising damsel and sincerely contend that vidual moral and intellectual rather than material to where female meanmeans feelfeels thithis is uplift improve inferiority she but dead member to the intel blacksblack status.63 lectual and cultivated 66 society of mankind. Simons Simon submitted the to the Co/ored speech American for publication the late blackblacks had become disillusioned with black and white but editoreditors By 183o183os some Samuel Cornish and Bell refused Philip to publish it allegedly abolitionistsabolitionist methodsmethod of black freedom and were because it would pursuing equality. They take too to edit. An long angry SimonSimons charged the editoreditors critical of the middle-classmiddle-clas abolitionistabolitionists black and tried to with wayways white re Prejudice against CoLon. He claimed that Cornish and Bell had not the racial of blackblacks middle-classmiddle-clas lines. Al his shape identity as group along printed speech because he was not of the part straight haired gentry or though thee black criticcritics were not alwayalways working clasclass themselvethemselves the college graduate. SimonSimons distributed these chargescharge inletter letters he mailed to and criticismcriticisms of those like black porter Peter Paul SimonSimons middle-classmiddle-clas gro black New Yorkers. To further of prevent chargecharges color prejudice Cornish cer .David RuggleRuggles allowed for greater discussion of clasclass distinctiondistinctions in the and Bell printed the without speech editing it. In subsequent edition Bell of black and involvement by the masmass blackblacks in the abo discredited the and its community greater speech writer in an editorial. Bell stated that Cornish litionist struggle. They challenged moral reform skilled labor training and had considered the not speech worth publishing and that he himself had classical education as inadequate solutionssolution to the problemproblems of racism and thought the speech worthlessworthles trash Bell claimed that the speech was un in New York and in the South. the of and poverty City slavery Accepting goalgoals intelligible that SimonssSimons audience could not understand it any more than if 67 immediate abolition of slavery and racial equality for blackblacks they subtly it had been Greek. or explicitly criticized the meanmeans The StewardsSteward and CookCooks Marine Benev Some of CornishCornishs and BellBells criticismcriticisms of the speech were true. In writ olent for served alcohol its annual ten the Society example freely at gathering form speech is difficult to full follow of unnecessarily long wordwords the advocatesadvocate William and and toasting with wine temperance Lloyd Garrison awkward phrasing. But SimonSimons was probably partially correct in raising Arthur and for their assistance with abolition the of LewiLewis Tappan Reporting on charge color prejudice the editors. To claim against color prejudice thithis event Co/ored American editor either Samuel Cornish or Philip Bell was not to talk about simply skin color but to allude to the clasclass divisiondivisions could wink thithis indul stated his belief that the angel of temperance at among blackblacks which sometimesometimes followed skin color as well as beliefbeliefs about the of the united after who gence among men spared by perilperils sea long was worthy of leading the Samuel community. Cornish had previously 64 separation. But Bell and Cornish viewed other objectionsobjection to moral reform displayed certain snobbishnessnobbishness toward the effortefforts of working-classworking-clas blackblacks Paul rise more threatening to the cause of racial equality. Peter SimonSimons openly to to positionsposition of leadership in the black community. In an obsequiouobsequious condemned the moral reform black in several letter approach to problemproblems speechespeeches written to the trusteetrustees and of the African faculty Mission School at
black benevolent societiesocieties in the late In his and infer- Hartford in to 18305.65 speechespeeches 1829 and reprinted in his short-lived newspaper the RightRights actionactions with other abolitionistabolitionists SimonSimons proudly clung to his own working- of All Cornish leave begged to suggest to the school administratorsadministrator that blacksblack utilize their collective and clasclass identity encouraged to own resourceresources they not admit any adultadults whose dispositionsdisposition associationsassociation and talenttalents are he the and education-based of criticized what saw as class- color- prejudicesprejudice not peculiarly adapted to the work whatever be his may moral and religioureligious middle-classmiddle-clas black leaders. His createdenemie enemies character. some outspokennesoutspokenness amog More particularly Cornish the questioned propriety of tak middle-classmiddle-clasreformer reformers such as Samuel Cornish and Philip Bell. men who have ing up young or five spent twenty twenty yearyears as common of In an 1837 speech before the DaughterDaughters Wesley black womenwomens be servantservants Their mindminds can have scarcely escaped the contracting influence nevolent society SimonSimons criticized those tenettenets of moral reform that asserted of their servile condition they must be ignorant of the interestinterests of their 204 Chapter Radical AbolitionistsAbolitionist and Black Political Activism 205
68 brethren and destitute of the nobler feelingfeelings of the soul. No doubt Si The circumstancescircumstance the surrounding printing of SimonssSimons speech in the monsmonss as common laborer and the that he was Co/ored American occupation possibility provide one of the rare instancesinstance for an analysisanalysi of the self-taught made him lesless reliable as leader in CornishCornishs of and eyes. differing meaningsmeaning literacy education among different sectorsectors of Cornish and BellBells need to either edit SimonssSimons or its the black speech prevent pub population. SimonSimons laborer stated implicitly that his achieve lication was also an to embarrassment to the news ment of was of the entirely attempt prevent new literacy not part creation of leadership elite based on
itself. White editoreditors read black and sometimesometimes education and he did not..usthic education paper newspaper newspapernewspapers to exclude from poli4ealpewer reprinted and criticized the articlearticles blackblacks wrote interpreting the articlearticles those with lesless education. But some blackblacks particularly those of or aspiring as inferior or as exampleexamples of blackblacks on airs. The possibility that Si to the middle viewed education putting clasclass as passport to leadership and lack of be used of the of blackblacks monsmonss article could as another example ineptitude in education as disqualification.
their their airs running own affairaffairs or attemptattempts to put on air by using wordwords SimonSimons and the Co/ored American editoreditors came into conflict again in that whitewhites claimedblack blacks knew the of and could not In barely meaning pro 1839. speech before the African Clarkson Association SimonSimons attacked no doubt led the editoreditors to want to the the usefulnessusefulnesof nounce suppressuppress speech. political moral and intellectual reform for the black com
But SimonsSimonss speech was also threatening to the editoreditors because of its munity. He stated that moral elevation has carried po ... now its good to
litical It contained more and assessment of climax. The of message. powerful forthright high level moral elevation that the black community had
womenwomens roleroles and abilitiesabilitie than thd rather formulaic praise of womenwomens mu achieved contributed to an enervation of the communityscommunity self-respect and tual aid societiesocieties found in CornishCornishs and BellBells Some The generally newspapersnewspaper pride. emphasiemphasis on morality led to blind submission and soft man middle-classmiddle-clas black reformerreformers in the l83ol83os believed that the to nerners when those of opportunity addressing pale complexions. These submissive their wivewives with sheltered home environment could erase some of attitudeattitudes the provide were rootroots of degradation of the black community not blackblacks the of Slave ownersowner blurred blackblacks roleroles stigma slavery. gender by forcing alleged immorality and lack of education For SimonSimons moral elevation was
women to do menmens work such as fieldwork and men to perform domestic designed to hinder expressly ... our people from acting collectively for service. Additionally slave mastermasters often prevented women and men from themselves. 70
caring for their own homes. In New York City such blurring or eliminating SimonSimons also saw intellectual elevation of limited as use in the struggle of traditional gender roleroles continued under freedom when men labored as and racism. against slavery Many who were educated and held positionsposition as
sailorsailors from home for monthmonths or and women worked as domedomes still worked away yearyears preacherspreacher at menial jobs. Further the educated created classeclasses
tic forced leave their familiefamilies elseelses Cur of servantservants to own to someone care. distinction and looked down those who held upon laboringjob jobs despite nish particularly championed traditional gender roleroles for black men and that according to Simons the of the Simon majority meanmeans among us you will women as an of moral reform. An article in the Colored Amen con de find the class. Both aspect among laboring moral and intellectual elevation as de
scribed the ideal rolesrole of and fined men women by middle-classmiddle-clas abolitionistabolitionists the disrupted unity necessary to the black
in its community struggle against racial prejudice and slavery. SimonsSimon ended
Man is is beautiful with call to death-defying action on behalf of the of strongWoman rightrights blacks. Physi deferent and cal Man is daring and confidentWoman is unassuming and effortefforts are the methodsmethod political only left for us to adopt he stated Man in actionWoman in For is great suffering SimonSimons fighting to the death affirmed the Christian belief in the after
Man shineshines abroadWoman at home life He stated that if forefathersforefather our held the truthtruths of immortality of the soul before their eyeeyes they would have fought to the death and there Such idealideals bore little resemblance to the livelives of most black women who would have been such no thing as African slavery for they all would have worked outside the home to supplement the incomeincomes that men died one before would meager by one they remain one day in the clutchesclutche of cap earned. Cornish and Bell have withheld SimonssSimons speech in part for its tivity. In wordwords reminiscent of DavidWalker Walkers may fiery appeal ten yearyears earlier rhetoric about the of not in the SimonSimons called free blackblacks potentially inflammatory place women only to demonstrate AcrioNi ACTiON ACTION and our
home but as public in the political and social concernconcerns of New will to be or not to be thithis participantparticipants we must physically practice and we will be in black YorkYorks community.69 truth an independent people.71 206 Chapter Radical AbolitionistsAbolitionist and Black Poiltital Activism 207
SimonsSimonss echoed the call to action of David WalkersWalker Although speech Ap Fugitive Slave Act of and the 1793 better-known Fugitive Slave Law of i8o Walker had for educated men and had peal. preserved leadership position black and white New YorkerYorkers in the debated courtcourts newspapersnewspaper and streetsstreet moral and intellectual Walker called for slaveslaves encouraged improvement. the of slaveslaves and free rightrights fugitive blackblacks against those of southern slave- to seize their freedom by violent action only as last resort. During WalkersWalker holderholders and slave catchers who and seized catcher sought fugitive slaveslaves and some life he and Cornish were colleaguecolleagues with Walker serving as the Boston timetimes captured free blackblacks and classed them slaves. The as 1793 Fugitive snd occasional for CornishCornishs FreedomsFreedom Al agent correspondent Journal. Slave Act enforced the fugitive slave clause of the Constitution which stated though Cornish approved of WalkersWalker standstands on intellectual and moral im that slaveslaves fugitive were not discharged from such service or Labour that he did not WalkersWalker advocacy of slave rebellion even as provement support they owed in one state because of the lawlaws of the state to which they escaped. last resort. Cornish was committedto the radical abolitionist tenet of non ThuThus northern statestates had legal responsibility to return escaped slaveslaves to violence as was Philip Bell. In the Colored American the editoreditors attempted their mastermasters in the South. But the law left 1793 it up to local courtcourts to de to diffuse the of SimonssSimons Forced to it the Com implicationsimplication speech. print by cide enforcement. In New York State thithis left legal loopholeloopholes which both of the African included mittee ArrangementsArrangement of Clarkson Association they and proslavery antislavery forceforces tried to exploit. it as paid advertisement. Cornish and Bell hastened to assure their readersreader Between the of New York statestates passage i8io emancipation law and that they did not SimonssSimons critiquecritiques of intellectual and moral eleva support 1841 southernerssoutherner could their slaveslaves into the for bring state up to period of tion. miserable people shall we be indeed when we learn to despise or nine monthmonths without threat of the slaveslaves freed Once the having grace period ridicule moral and intellectual elevation stated. miserable they people expired the statesstate and legislature higher courtcourts often went out of their way are of us now who delight in traducing the wise and good us free many among to eligible slaves. But slaveslaves had to find their way to the courtcourts in order and in effortefforts their well directed into making to bring sacrificingeffort efforts to for their prespress freedom. Further local were governmentsgovernment nut as open to 72 But SimonssSimons indicated that for some blackblacks the time disrepute. speech blackblacks freedom. Local authoritieauthorities seeking rarely required slave mastermasters trav for WalkersWalker last resort to violent action was approaching. Many blackblacks even eling with their slaveslaves in New York to prove how long they had been in black reformers were disillusioned with moral and intellectual im some reformer residence. In New York City law enforcement officerofficers and courtcourts were noto the central method achieve black freedom and provement as to equality. riourious for their zealousnesszealousnes in upholding the claimclaims of slave mastermasters whu wished to their who keep slaveslaves or traveled north to seek fugitive slaveslaves As Peter Paul SimonSimons attacked the moral and intellectual exclusivity of or And both state and local agenciesagencie were federal law required by to return any abolition David RugglesRuggle and the New York Committee of Vigilance ganized proven fugttive slave to his or her master upon proof of ownership regard maintained that the abolitionist tacticstactic of nonresistance and redresredress legal lesless of the of the length fugitivesfugitive residency in the state.73 the sole defense of blackblacks accused of slaves. In were not being fugitive 1835 Before the of completion emancipation in 1827 blackblacks and white anti David and other blackblacks founded the Committee of which Ru.gglesRu.ggle Vigilance slavery activistactivists were more concerned about the attemptattempts of New YorkYorks slave drew on the devicesdevice and resourcesresource of both and middle-classmiddle-clas working-classworking-clas ownerowners to their imminent losselosses recoup by selling their slaveslaves south in eva blackblacks and whites. its of the Committee of During seven yearyears existence sion of the law of emancipation 1799 than with the statustatus of fugitive slaves. Vigilance presented an alternative vision of black activism arid citizenship In their effortefforts to the salesales of New prevent York State slaveslaves the lawyerlawyers of the abolitionistsabolitionist sometimessometime abstract call for black combining equal rightrights the Manumission found the local Society generally courtcourts and magistratesmagistrate with the concrete issue of kidnapping to create masmass movement among helpful. But once New YorkYorks emancipation was complete threatthreats to the New York blacks. vision of black and masmass CityCitys RugglesRuggless citizenship power freedom of New YorkYorks blacks as well the black as to fugitive slaveslaves who made threatened anti-abolition but also the New York ManumiManumis not only whiteswhite their north in way steady stream became more pressing. The clear direc sion and black and white radical abolitionists. Society tive of the 1793 law combined with the zealousnesszealousnes of some New York City The slave issue blurred the boundarieboundaries of and freedom fugitive slavery law enforcersenforcer who made businessbusines of profitable slave catching resulted in for YorkYorks blacks. ThiThis issue affected and blackblacks it New working-classworking-clas poor as real threat to the freedom very of black New Yorkers. In December of 1828 affected no other of New Yorkers. Between the of the federal group passing FreedomFreedoms Journal wsrned that businesbusiness of arrestingour brethren as 208 Chapter Radical Abolitloniata and Black Political Activism 209
is still inthi this have heard that aboard At runawayrunaways daily occurring city. cargo home more open street culture during domestic and lei
Slaveholder has hinted the determination of himself and otherothers to have floe sure activitiesactivitie left blackblacks working-classworking-clas more exposed to kidnapperkidnappers than
hundred at out of thithis the winter.74 were middle-classmiddle-clas least city during blacks. Hannah ConyerConyers seven-year-old child whose
From the to the early 18305 the New York Manumission Society had sent her to collect 1790$ parentparents public pump to water disappeared her par had aid to slaveslaves and to free blackblacks accused of entents believed she had been provided legal fugitive being kidnapped by slave traders. French family held
But as with the African Free SchoolSchools the Manumission SocietySocietys Green for fugitives. ten-year-old Jane two monthmonths hoping to sell her south. FrancisFranci
link to the American Colonization and its conservative stance on Dallam uf Baltimore Society claimed fugitive slave DorcaDorcas Brown who had been
southern emancipation made it ineffectual in the eyeeyes of many blackblacks in the domestic for three in York yearyears New City despite BrownBrowns New York em
Manumission membermembers pledged to uphold the offer to her 183os. Many Society 1793 ployerployers buy freedom Dallam returned with Brown to Baltimore.
Fugitive Slave Act that radicalabolitionist abolitionists and blackblacks clearly opposed. At SailorSailors who south both before and the journeyed after passage of South Car least one Manumission member acted as lawyer on behalf of south olinaolinas Seamen ActActs Society Negro in 1822 were at the mercy of the crewcrews with their slaves. As had been the ernererners attempting to retrieve true in whom they not to sell them ashore 1790$ shipped for handsome profit as hap
when the refused to exclude membermembers who were slaveholdersslaveholder the so pened to JameJames Emerson. Black society working-classworking-clas men women and children
ciety did not discipline thithis member75 As the Manumission Society receded whether or therefore fugitivefugitives free were particularly vulnerable to being in the radical abolitionistsabolitionist began to addresaddress the new challengeschallenge kidnapped and sold into importance slavery. Although high-profile abolitionistabolitionists or com facing fugitive slaveslaves and free blackblacks in 183o183os New York. leaderleaders who were munity fugitivefugitives were also open to thithis risk these blackblacks By the 183o183os City Recorder Richard Riker and Third Ward Constable were often surrounded who by powerfulwhite whites could provide hiding placeplaces TobiasTobia Boudinot had become the most well known membermembers of what blackblacks or to send them far money as away as Canada or Europe. The travailtravails of
and white abolitionistabolitionists called the New York Kidnapping Club. Riker and working-classworking-clas blackblacks in often particular were uppermost in the mindminds of abo Boudinot Daniel D. and litionistslitionist were responsible along with Nash John Lyon two concerned with kidnapping.77
Edward R. I-I. for The informal VirginianVirginians Waddy and PettiPettis re-enslaving fugitivefugitives and formal community networknetworks and institutioninstitutions that and acted as well as enslaving some free blacks. Nash Lyon Waddy PettiPettis blackblacks established thithis the during period to meet necessitienecessities of life also pro for slave their vided the individually or in concert as agentagents ownerowners advertising ser basibasis for blackblacks action in the day-to-day political struggle against vicevices in southern and on the streetstreets Black newspapersnewspaper seizing suspected fugitivefugitives slavery. workersworker took fugitivefugitives into their homehomes and communitiecommunities of New York. then before federal or state or more They appeared any judge providing food shelter and clothing. The African Society for Mutual Relief
the local and known southern Riker to offer built hidden cellar beneath hall likely magistrate sympathizer its where fugitivefugitives could hide. Although
oral or written proof that the was slave. If the judge believed the some whitewhites were also involved in these person activitieactivities most escaped slaveslaves the slave catcher took the south. with thithis turned to those like proof person Anyone interfering most themselvethemselves trusting the visible tie uf race and the
procesprocess was liable to five-hundred-dollar fine suit for injuriesinjurie or both.76 relative anonymity provided communitiecommunities of and by working poor blackblacks for There York black clasclass were many reasonreasons why New CityCitys working par guidance to safety.
ticularly identified with the issue of fugitive slaves. The anonymity of life Not all blackblacks could be trusted Some saw an opportunity for money in
the of blackblacks in the North attracted in other blackblacks among largest community many fugi turning to slave catchercatchers fellow fugitive from Baltimore and the of those who New York entered the told Frederick tivetives majority came to City his arrival in New York DouglasDouglass upon that the black people of workers. In addition to these southern slaveslaves black in New York were not be trusted community fugitive to were hired men on the look
workerworkers in New York included former New York slaveslaves and those who still out for for few fugitivefugitives who dollardollars would betray into hadenslaved kin in the South. Working-clasWorking-class blackblacks jobjobs often entailed high the handhands of slavecatchers7e But throughout the antebellum period the
visibility in public placeplaces frequented by southerners. In hotelhotels and restau vast of slaveslaves their majority fugitive placed trust for day-to-day subsistence rants blackworker workers served who often their enslaved and survival in blacks. rant southernersoutherners brought other Harriet JacobJacobs fled the South in 1842 passing personal servantsservantnorth with them on their travels. Those black men who through Philadelphia and before Brooklyn arriving in New York City. After
worked the dockdocks often saw at anchor in the harbor with slave with her shipships illegal reuniting daughter and other friendfriends who had left the south yearyears 210 Chapter Radical Abolitlanlata and Black Political Activism 211
ago she found employment as nursemaid in New York City.79 Although she kept her fugitive statustatus secret from her employersemployer she participated in
the established for in many impromptu vigilance committeescommittee fugitivefugitives New York colored and friend of their Every person every persecuted race
kept their eyeeyes wide open. Every evening examined the newspapernewspapers care
what SouthernerSoutherners the hotels. did thithis for fully to see had put up at my
own sake wished also to give information to otherothers if necessary for if
many were running to and fro resolved that knowledge should be in
creased5 Some blackblacks used physical force to protect themselvethemselves and oth
ers from those seeking fugitivefugitives and to protest court decisionsdecision that resulted
in the enslavement of blacks. When police officerofficers arrested Peter Martin he
made vigorouvigorous resistance and wounded one of the officerofficers but was over
come by superior force and carried to Bridewell covered with blood
and bruises. When magistrate ruled that fugitive slave William Dixon be
returned south in 1837 black mob took mattermatters into their own hands. As
police led Dixon down the courthouse stepsteps crowd surrounding the court
house attempted to rescue him giving him knife and dirk to aid in his es
cape. Police soon recaptured Dixon who later won his freedom on appealS1
Middle-classMiddle-clas abolitionistabolitionists focused on legal effortefforts to protect fugitive
slaves. Radical abolitionistabolitionists were nonresistantsthat is they avoided phyphys
freedom for also ical confrontation in their effortefforts to attain fugitives. Many
objected to the purchase ofslave slaves freedom. To some blackblacks such attitudeattitudes
limited the methodsmethod open to fugitivesfugitive and free blackblacks to retain their freedom.
David RugglesRuggless New York Committee of Vigilance attempted to utilize the
resourcesresource of blackblacks themselvesthemselve alongside the opportunitiesopportunitie for political ac Fig. zo David Rugglea fousrderof the New York Committee
of th vigilance. Courtesy of Amiatad Collection Tulane tion and legal serviceservices that white radical abolitionistsabolitionist offered The commit Univeraity. tee attempted to shape political organization with more cross-clascross-class unity
and participation from membermembers of the black community and with lesless fo shelter and aid. The Executive legal Committee facilitated the legal work moral and intellectual elevation. Under the of the cus on leadership fiery to free tieties with white necessary fugitivefugitives by forging abolitionistabolitionists as well as
RuggleRuggles fig. zo the Committee of Vigilance incorporated the methodsmethod and some Manumission membermembers Society who were sympathetic to their cause
abilitiesabilitie of blackblacks of all classes. But Ruggles.sRuggles. willingnesswillingnes to use extralegal and had But theommittee legal expertise. of Vigilance was not simply methodsmethod to rescue slaveslaves and blackblacks resulted in division fugitive kidnapped top-down organization. In additn to the Executive Committee the or within the and his in conservative forceforces organization ouster 1839 by more ganization formed an Effective Committee which consisted of one hundred
led by Samuel Cornish92 men and each of women whom to collect duedues from ten to twelve of
RuggleRuggles structured the committeescommittee activitieactivities to involve large numbernumbers his or her friendfriends ThiThis was much number larger than participated formally of the New York black An Executive Committee of either City community. eight in the antislavery societiesocieties or the national black conventions. In thithis black men included RugglesRuggle Theodore Wright ex-slave and restaurateur the involved almost way organization io percent of the black community ThomaThomas Van Rensellaer Samuel Cornish British-born abolitionistabolitionists William which numbered between thirteen thousand and sixteen thousand at thithis
Johnston and Jacob FranciFrancis and JameJames W. The committee time. The Effective Committee also grocer Higgins. tpread newnews of the Committee of Vigi employed paid usually RugglesRuggle to seek out fugitivefugitives and offer them lancelances activitiesactivitie word of mouth. agent through More formal methodsmethod of keeping Radical AbolitionistsAbolitionist and Black Political Activism 212 Chapter 213
and the Executive York stated that effortefforts free the slave would embarrassembarras the community informed of important newnews eventevents were ExpresExpress RugglesRuggless to celebra and the Effective CommitteesCommittee monthly meetingmeetings and anniversary trade The New York Gazette also displayed disgust with RugglesRuggless flouting
the of the New York Club of the slave lawlaws and his of racial boundarieboundaries tions. RuggleRuggles also publicized exploitexploits Kidnapping fugitive transgression Ne of free blackblacks and the successessuccesse of the Committee of Vigilance and the plight groegroes with white skin white abolitionistabolitionists are disgusting enough
articlearticles in the the Colored Amer but for native born citizencitizens of the United Stateswithout the fugitivefugitives through newspaper Emancipator advantage
the between of black bloodto be harassed inthi this the is little ican and in his own short-lived newspaper Mirror of Liberty way by genuine soot
that these would than will be submitted to. actionactions also furthered 1835 and 1841. Newspaper publisherspublisher expected newspapernewspapers more we trust RugglesRuggless and be read aloud in meetingsmeeting workplaceworkplaces and nesghborhoodnesghborhoods passed along divisiondivisions between New York Manumission Society membermembers and abolition
of the identified of let the and tactictactics of membermembers ist activists. When as to others. thithis way namenames Kidnapping newspaper mistakenly RuggleRuggles secretary The used the the the Manumission member of the Club spread throughout the community. committee courtcourts Society society pointedly replied Rug
blackblacks of all classeclasses save themselvethemselves and is colored and is of Committee of colored streetsstreet and the prespress to enable to glegles man Secretary Vigilance otherothers from slave catchers. The committee saved approximately 1373 fugi personpersons inthi this city who have no connection whatever with the Manu
tivetives and free blackblacks from slavery. In its most important legal victory in mission Society.
the Committee of Within the of divisiondivisions the definition 1840 with the help of Manumission Societylawyer lawyers Vig Committee Vigilance erupted over
ilance won the freedom of William Dixon and thuthus the right to trial by jury of practical abolition. In late 1836 the committee agreed to the resolutton
for fugitive slaveslaves in New York.83 chat while we the people of color are deprived of that bulwork of personcil William Garrison The Committee of Vigilance had the support of Lloyd freedom trial by jury it is vain to look for justice in the courtcourts of law.
and other white abolitionists. But most important it had the support of free The committee resolved to continue to fight forthi this right through legal
chair of the in such the and be- blackblacks themselves. ThomaThomas Van Rensellaer organization meanmeans as petitioning legislature bringing new court casecases
of the awake. never saw fore in of But after the verdict in 1836 stated The colored people city judgejudges hopehopes positive ruling.55 negative
and so as to thithis committee. the William Dixon case and the mob actionactions that the them pay in their money so freely promptly 1837 followed com abolition. David divided of force defend suppose that the reason that thithis practical mittee over the use physical to fugitivefugitives from re
the of enslavement. Samuel Cornish renounced the crowdcrowds advised the RuggleRuggles himself drew many blackblacks to Committee Vigilance. Despite tactics. He
within and outside the and of colored citizencitizens leave the his nominal position as secretary most organization thoughtlessthoughtles ignorant part our to care free in i8io in Norwich of such the and efficient recognized him as its driving force. Born man casecases to intelligent Vigilance Committee and its and within Connecticut he came to New York at the age of seventeen two eminent lawyers. He singled out those femalesfemale who so degraded them
had established business. In he his businesbusiness to selveselves for shame and their husbandhusbands to them yearyears grocery 1833 gave up everlasting keep
for the he retained until he at home for the time come. Cornishthu thus defined the Committee of become traveling agent Emancipator position to Vig York of ilance for the educated founded and became the agent for the New Committee Vigilance.85 as an organization to aid working-classworking-clas blackblacks rather
he of the well known black leaderleaders than in which blackblacks BlackBlacks By the age of twenty-five was one most an organization working-classworking-clas might participate. his arrival in in New York City. Abolitionist Fredfick DouglassDouglas describing should avoid going to theCourt Courts at all or assembling in the Park on the
that Mr. was the of do but harm. New York City as fugitive slave in 1838 stated RuggleRuggles occasion fugitive trialsyou can no good much the first officer on the underground railroad with whom met after reaching In contrast RugglesRuggle in the wake of trial later that year which failed to
north and indeed the first of whom ever heard anything.86 protect black person from re-enslavement proposed resolution that the
slaveslaves from recommend who denied the RuggleRuggles was man of action. In 1836 in attempting to rescue committee cannot nonresistance to personpersons are
and accused of as of lawlaws when their is invaded and their livelives Brazilian ship docked in New York RuggleRuggles was jailed protection equitable liberty en
slave to and of riot. His fiery newnews avariciousavariciou ThiThis tacitly endorsed the di sisting escape inciting temper pointed dangered by kidnappers. statement
and of all his dramatic to rescue drew rect action some blackblacks took in New York and other citiecities to rescue those ac paper articlearticles most attemptattempts fugitivefugitives the wrath of New YorkYorks proslavery whites. When RuggleRuggles brought suit cused of being slaves. Committeemember members and ministersminister Theodore Wright
black enslaved in New York the New CharleCharles and otherothers inconsistent against man illegally holding person Ray opposed RugglesRuggless proposal as Chapter Radical AbolitionistsAbolitionist and Black Political Activism 215
with the advocated the membermembers of the Anti his in The peace principleprinciples by resignation 1839. committeescommittee activitiesactivitie lapsed until the formation
Slavery Society and to the spirit and tendency of other resolution. of state committee in with the abolitionist every 1848 Quaker Isaac Hopper at its After heated discussion and three votevotes on the resolution the helm. The of separate presence Quaker leadership insured quieter legalistic methodsmethod chairman decided it carried to rejection.91 The the Com of slaves. who struggle among rescuing RuggleRuggles himself was going blind lived in poverty in mittee of Vigilance membermembers reflected strugglesstruggle within the wider antislav New York until when City 1842 Lydia Maria Child invited him to North had killed IllinoisIllinoi abolitionist movement. An mob ed Massachusetts. There he founded the first try angry newspaper ampton hydropathic water cure itor Elijiah Lovejoy just few weekweeks prior to the vote. Some abolitionistabolitionists center in the after course of treatment restored his country partially eye believed that in his final hourhours had abolitionist He remained Lovejoy betrayed principlesprinciple sight. in Northampton until his death in 1849. his the mob but neither Gar William SewardsSeward by physically defending printing prespress against Meanwhile term as governor of New York between rison nor the both nonresistersnonresister condemned With and abolitionistabolitionists and TappansTappan strong Lovejoy. 1839 1843 provided blackblacks throughout the state with and the out doubt RugglesRuggle Ray Wright Cornish were aware of heated legal tooltools in their behalf of stronger strugglesstruggle on accused fugitives. During debatesdebate over nonresistance both before and after 1837. Ray Wright and his campaign Seward had no hint of his for Whig given support blackblacks CornishCornishs belief that blackblacks should be nonresistersnonresister reflected their rights. Once in office however Seward strong sup signed into law serieseries of billbills passed of the nonresistance element of abolitionist moral reform but their the port by Whig-dominated legislature that gave fugitivefugitives in New York State
promotion of nonresistance also resulted from their reluctance to approve greater rightrights than ever before and more than blackblacks had rightrights in any other the of and blackblacks methodsmethod of use public masmass by as displaying northern state at the time. In Seward space power 1840 signed law guaranteeing alleged and and racial black achieving political citizenship equality. Pragmatically fugitivefugitives jury trial taking the power to return blackblacks to slavery out of the
mob actionsaction could lead to worse violence against blackblacks as they had already handhands of proslavery individualsindividual like Richard Riker. Additionally county dis witnessed in the riotriots and in the death of Elijiah Lovejoy.52 trict had to defend accused 1834 attorneysattorney fugitivefugitives in court. Finally those bring other tensiontensions tore the Committee of Unfortunately though Vigilance ing alleged fugitivefugitives to court had to provide penal sum of one thousand
apart by 1840 and permanently damaged RugglesRuggless standing other dollardollars as court in the among guarantee against costcosts case person seized was not reformers in In slave. reformer New York City. 1838 John Russell sued the Colored Amer
ican and the Committee of Vigilance for libel and won judgment of 220 Another law Seward that allowed signed year the governor to appoint
dollars. In Cornish letter that accused Russell of assist to the of 1837 RuggleRuggles gave agentagents negotiate rescue free blackblacks kidnapped and sold south Until
in kidnapping three black men and placing them aboard ship headed the Civil War New York used thithis ing governorgovernors law to help illegally enslaved and the Colored the letter black outh American published Russell man free blackblacks return to their homehomes in New York. In 1841 Seward signed leg
owned boarding house for black sailorssailor such an accusation could have de islation that repealed the law southern slave allowing mastermasters to bring and his business. The and feefees from the to retain their slaveslaves stroyed judgment legal resulting suit in New York state for nine months. With thithis law slaveslaves
almost 6oo dollardollars the Committee of and se to New York with taling bankrupted Vigilance brought their mastermasters gained their freedom as soon as
the financesfinanceof the Colored American. touched York soil. verely damaged they New SlaveSlaves who came to New York without their
Cornish blamed for him the letter without RuggleRuggles sending checking mastermasters as runawaysrunaway however had to be returned to their mastermasters under the
to see if the information was correct. Cornish stated that he had alwayalways fugitive clause in the federal Seward also constitution. openly refused to ex
questionedRuggles Ruggless judgement and prudence and believed that his as tradite to southern statestates black and white men accused of assisting slaveslaves es
sistance to fugitivesfugitive was harmed by RugglesRuggless attraction of public fame caping slavery the of slaveholdersslaveholder In four gaining enmity many yearyears Se through his activities. Despite their differencesdifferenceCornish stated that he had ward and the state the legislature expanded rightrights of fugitivesfugitive as far as was those who would have the defend RugglesRuggle against EATEN HIM ui. But legal under the federal constitution.94
fiasco of the false accusation ended the between collegial relationship Rug
and Cornish. role in the Committee The glegles DespiteRuggles Ruggless leading forming 18305 tested the limitlimits of radicalism of both black and white abolition
of and numbernumbers of blackblacks Samuel Cornish forced ists. Middle-classMiddle-clas Vigilance attracting large abolitionistabolitionists displayed the limitlimits of their activism most 216 Chapter
clearly in their attitudeattitudes toward the actionsaction andneed needs of the black masses.
abolitionistabolitionists the material The wayways addressed needneeds legal rightrights and politi cal participation of working-classworking-clas blackblacks were rooted in their own evolving middle-classmiddle-clas interestsinterest Further white abolitionistsabolitionist focufocus on southern slav
their ery1 own prejudicesprejudice and their fearfears of the racism of otherwhite whites led to
faltering of the project of full racial equality for free blackblacks by 1840. By the end of the 183o183os some blackblacks believed that the abolitionistabolitionists methodsmethod were inadequate to addresaddress the material needneeds and political desiredesires of the masmass of blacks. Despite attemptattempts to silence Peter Paul SimonSimons and both David RugglesRuggle men had pointed the way to alternative political actionactions
behalf of abolition and black that could involve numbersnumber on equality greater of blackblacks acrosacross clasclass lines. After 1840 changechanges within the abolitionist move ynent allowed more secular black leadership to gain influence and build on these wayways for abolitionistabolitionists to reach out to black workersworker
LINTE RRACIALISM
Black-White Intermarriage in
American Hthtory Literature and Law
Edited by Werner SollorSollors
OXFORD UNIVERSITY PRESPRESS
2000 OXFORD memoriam
flstVBKStTY t8.ESt8.ESS
Oxford New York
AthenAthens Auckland Bangkok Bogota BuenoBuenos AireAires Calcutta Cape Town Chennal Oar as Salaam Delhi Florence Hong Kong Istanbul A. Leon Jr. Karachi Koala Lumpstr Madrid Melbourne Mexico Cily Mumbal Higgmbotham
NairobiPari Paris SSo Paulo Toronto Warsaw Shanghai Singapore Taipei Tokyo February 25 1928December 14 1998
and associated companiecompanies In Berlin Ibadan
Copyright 2000 by Oxford University PresPress Inc.
Published by Oxford University PresPress Inc. 298 MadIson Avenue New York New York toote
Oxford a registered tadamark of Oxford University Press.
All reserved. of thithis rightrights No part publication may be reproduced. stored in rethaval system or franansilted. in any foam or by any meanmeans electronic mechanical photocopying recording or otherwise without the prior permission of Oxford University Press.
Library of CongresCongress Cataloging-in-Publication Data
Interraclalism Black-white intermarriage in American history
litaratura and law edited by Warner SoUora.
p. cm.
Includea bibliographical referencereferences and index. ISBN 0-19-512856-7 ISBN 0-19-512857-5 pbkj
1. InterracIal marriageUnited StatesHistory.
Miscegenalionklnlted StatesHistory. 3. Racially mixed people United StatesHIstory. 4. MIscegenationLaw and legislation United StatesHistory. 5. Mispegenation in literature. 6. mixed RacIally people In literstsra I. SoliorSoliors Werner.
tiQ1031.t8 2000
308.8.460973dclj 99-32521
98765412
Printed in the United StaleStales of America on add-free paper 178 Pascoe Miscegenation Law Court CaseCases and IdeologieIdeologies of Race 179
No he was born in Sonora. Miscegenation Law Court CaseCases Kirby MayellenMayellens lawyer And who was your mother and IdeologieIdeologies of Race in Kirby Also in Sonora. TwentiethCentury AmericaAmericas Mayellen lawyer Was she Spaniard PEGGY PASCOE Kirby She was on her fatherfathers side.
MayelletsMayelletss lawyer And what on her mothermothers side On March 21 1921 Joe Kirby took his wife Mayellen to court. The KirbyKirbys had Kirby Mexican.
been married for seven and wanted out. the usual of yearyears Joe Ignoring option MayellensMayellen lawyer What do you mean by Mexican Indian native he divorce asked for an annulment charging that his marriage had been invalid Kirby dont know what is meant by Mexican. from its because very beginning Arizona law prohibited marriagesmarriage between per MayellensMayellen lawyer. native of Mexico sons of Caucasian son blood or their descendantdescendants and negroenegroes MongolianMongolians or In
all of us. and their descendants. Kirby Yes Sonora diandians Joe Kirby claimed that while he was person of the Caucasian Who was grandfather on fatherfathers side blood his wife Mayellen was person of negro blood. MayellensMayellen lawyer your your
Although Joe KirbysKirby chargescharge were rooted in well-established-and tragic Kirby He was Spaniard.
tradition of American his court case miscegenation law quickly disintegrated into Mayellen lawyer Who was he
definitional dispute that bordered on the ridiculousridiculou The first witneswitness in the Kirby His name was Ignacio Quevas. case was JoeJoes mother Tula Kirby who gave her testimony in Spanish through Mayellen lawyer Where was he born an interpreter. JoeJoes lawyer laid out the case by asking Tula Kirby few seemingly That dont know. He was simplequestion questions Kirby my grandfather.
Mayellen lawyer How do you know he was then
To what race do JoeJoes lawyer you belong Kirby Because he told me ever since had knowledge that he was Spaniard.
TWa Kirby Mexican. Next the questioning turned to TulaTulas opinion about Mayellen KirbysKirby racial JoeJoes lawyer Are you white or have Indian blood you identity.
Kirby have no Indian blood.
Mayellen lawyer You said Mrs. Kirby was negress. What do you JoeJoes lawyer Do you know the defendant Kirby know about Mrs. KirbyKirbys family Kirby Yes. Kirby distinguish her by her color and the hair that is all do know JoeJoes lawyer To what race doedoes she belong
The second witneswitness in the trial was and the time he took the Kirby Negro. Joe Kirby by stand the people in the courtroom knew they were in murky waters. When JoeJoes Then the cross-examination began. lawyer opened with the question What race do you belong to Joe answered
well. and paused while MayellenMayellens lawyer objected to the question on the 4ayellen lawyer Who was your father ground that it called for aconclusion by the witness. Oh no said the judge Kirby R.omero. Jose it is matter of pedigree. Eventually allowed to answer the question Joe said
Mayellen lawyer Was he Spaniard belong to the white race suppose. Under cross-examination he described of the he knew Kirby Yes Mexican. his father as having been Irish race although admitted never any one of his people. ilayellen lawyer Was he born in Spain Stopping at the brink of thithis morassmoras JoeJoes lawyer rested his case. He told the
judge he had established that Joe was Caucasian. MayellenMayellens lawyer scoffed
From claiming that Joe had failed utterly to prove his case and arguing that Peggy Pascoe Miscegenation Law Court CaseCases and IdeologiesIdeologie of Race in Twentieth- Century America. Journal of American History 83.1 June 1996 4469.
1. Aria. Rev. Sut. Ansi. sec. 3837 Appellsnta Abstract of 1913 Record Aug. 1921 pp. 12
Kirby v. Kirby docket 1970 microfilm file 36.1.134 Arizona Court Civil CaseCases of Supreme Arizona 2. AppellantAppellants Abstract Record 1213 1315 15 Kirby z. Kirby. State Law Library Phoenix. 3. Ibid. 1618. of 182 Pascoe Miscegenation Law Court CaseCases and IdeologieIdeologies Race 183
tern-i racialism to be broad to cover wide of the of enough range nineteenth-century lawlaws in force from the l660l660s through the l960l960s were among longest lasting shiftshifts in ideaideas from the biologically marked categoriecategories scientificracist racists employed to the American racial restrictions. They both reflected and produced significant
xpore amorphousamorphou ideaideas George M. Fredrickson has so aptly called romantic ra American racial thinking. Although the first miscegenation lawlaws had been passed
cialism9 Used in thithis racialism counter the of twentieth it until after the demise of that they began way helphelps tendency in the colonial period was not slavery observersobserver ideaideas determin of white century to perceive nineteenth-century as biologically to function as the ultimate sanction of the American system supremacy.
ist To racialistracialists scientific the the in some simple sense. including racistracists important They burgeoned along with the rise of segregation and early-twentieth-century coloniecolonies and point was not that biology determined culture indeed the split between the two devotion to white purity. At one time or another 41 American
was but that understood as an indivisible essence that blanketed as well as southern states.2 only dimly perceived race statestates enacted them they western included not but also and com lawlaws that only biology culture morality intelligence was By the early twentieth century miscegenation were so widespread factor in and American of race. LawLaws that pellingly significant history society. they formed virtual road map to legal conceptionsconception is the AmericanAmericans My argument thithis During l920l920s American racialism was challenged by had originally prohibited marriagesmarriage between whitewhites and African and
several all of which modern between much wider emerging ideologiesideologie depended on split very occasionally American IndianIndians were extended to cover range and culture. Between the 19201920s and the those American 14 Asian AmericansAmerican biology 19601960s competing ideologieideologies of groups. Eventually 12 statestates targeted IndianIndians winnowed down the that In the were to single powerfully persuasive belief the eradi Chinese Japanese and KoreanKoreans and MalayMalays or Filipinos. Arizona
cation of the deliberate of will call that in law that racism dependdepends on nonrecognition race. Kirby case was decided under categoriecategories first adopted 1901 prohibited and belief modernist racial ideology to echo the selfconsciousselfconsciou modernism of social whitewhites from marrying negroenegroes MongolianMongolians or IndianIndians in 1931 MalayMalays
and cultural rebelrebels of the twentieth L5 scientistscientists writerswriter artistartists early century. When HinduHindus were added to thithis list. historianhistorians mention thithis phenomenon they usually label it antiracist or egali
tarian and describe it as in stark contrast to the racism of its predecessots.
But in the called new legal scholarship critical race theory thithis same ideology the miscegenation laws. Neither alternative seemseems aatithctory since theBra Bras avoidavoids naming ug
usually referred to as color is criticized those that of thelaw laws and the second that was blindnessblindnes by who recognize linesslinesthat was so much part implieimplies miscegenation
rather on certain relationahips. retain it like other racial ideologiesideologie can be turned to the service of oppression. distinct racial phenomenon than categorization imposed and that relied on the but the term miscegenation when speaking of thelaw laws court casecases concept Modernist racial ideology has been widely accepted indeed it compelcompels nearly the of the see not when speaking of people or particular relationships. On emergence term Sidney as much adherence in the late-twentieth-century United StateStates as racialism did of 24 Kaplan The Miscegenation Issue in the Election 1864 Journal of Negro Histoy July in late the nineteenth century. It is therefore important to see it not as what it 219265. 1949 274-343 included in thisthi volume pp. Ed..
claijnclaijns end of racial of its focus rather to bethe nonideologial racismbut as ideology 12. Most historieshistorieof interracial act and marriage in America focu on demographic patternpatterns
MularsoeMularsoes of about the of than consrtainss. for Williaanaon New People Miseegenanon and own whose history shapeshapes many todaytodays argumentarguments meaning race legal See example Joel Paul and Ethnic in the UnitedState States 1980 R. Spickard Mixed Blood Intermarriage in American society. New York and Deborah Interracial Identity in Twentieth-Century America Madison 1989 Lynn Kitchen
of The Marriage in the United StateStates 19001980 Ph.D. dia. University Minnesota 1993.
Curti in the States History of the historical overview ia Mareyn Racism United State The Legacy of Racialism and the Kirby Case snly Byron of Southern California Anti-Miscegenation Legislation and Litigation Ph.D. disa. University
the A. Leon and Barbara K. Racial Although it is probably lesless familiar to historianhistorians than say school segregation 1979. On colonial period aee 1-ligginbothans1-ligginbothan Jr. Kopytoff Law and Interracial Sex in the Law of Colonial and Antebellum Virginia Georgetown law miscegenation law is an ideal place to study both the legacy of nineteenth- Purity 19672029 thithis 81139. George M. Fredrickson Journal 77 Aug. 1989 in volume pp. Ed. century racialism and the emergence of modern racial ideologies. Miscegenation Whito Supremacy Comparative Study in American and South African History New York 1981
in the South 1776 99108 and JamesJame Hugo Johntton Race RelationRelations in Virginia Miscegenation
1860 Amherst 1970 16590. For later periodperiods see Peter Bardaglio FamiliesFamilie Sex and the
9. See Black in the White Mind. the Southern Household Ph.D. diss. eapecially Fredrickaon Image Law The Legal Transformation of Ninerecnth-Cenesary
10. For to define American see Modernist Culture Peter and the Law of intriguing attemptattempts modernism DanielJ. Singal ed. Stanford University 1987 37106 34549 Wallenstein Race Marriage
in and 70 371 America Belmont 1991 Dorothy RosRoss ed. Modernist ImpulteImpultes in the Human ScienceSciences Freedom Alabama and Virginia 1860a19601860a1960s Chicago-Kent Law Review no. 1994
18701930 For the from critical Brian K. and Public Baltimore 1994. view race theory see Fair Foreword 437 David I-I. Fowler Northern Arcinul.esArcinul.e cowan Ineerraeial Marriage Legislation Opin
theColorblindnes Colorblindness National Black Law 13 Neil 17801930 Rethinking Model Journal Spring 1993 182 ion in she Middle Atlantic and sheState States of she Old Northwest New York 1987
Gotanda Critique of Our Constitution Is Color-Blind Stanford Law Review 44 Nov Megumi Dick Osumi AsianAsians and CaliforniaCalifornias Anti-Miscegenation LawLaws in Asian and Pacijic
Race ConsciousnesConsciousness Duke Law 758-847 and ed. Tauchida 1982 and 1991 168 Gary Pellet Journal Sept. 1990 American ExperienceExperiences WomenWomens PerspectivesPerspective Noboya MinneapoliMinneapolis 28
Peter Fisapauffick Racism and the Innocence of Lsw in Anatomy of Racism ed. Goldberg 247 Peggy Pascoe Race Gender and Intercultural RelationsRelation The Case of Interracial Marriage 62. in 518. The count of seatseatS is from the most complete list Fowler FrontierFrontiers 12 no. 1991 11. scholarscholars avoid the word which datedates the Many using miscegenacion to 18601860s meanmeans race mixing Northern AttitudeAttitudes 336-439.
of laws 1931 Aria. Seas. ch. and has to twentieth-cennary mindminds embarrassingly biological connotationconnotations they speak law 13. Aria. Rev. Stat. Ann. ace. 3092 1901 LawLaws 17 Arizona Idaho Maine
Vie- against interracial or cross-cultural relationships. ContemporariesContemporarie usually referred to anti- MassachusettsMassachusett Nevada North Carolina Oregon Rhode Island South Carolina Tennessee
Mixed Race America and the Law
Reader
EDTBD BY
Kevin R. Johnson
New York University PresPress NEW YORK AND LONDON NEW YORK UNIYERSSTY PRESSPRES New York and London
2003 by New York University
reserved. All rightsright
Data Library of CongresCongress Cataloging-in-Publication Mixed race America and the law reader edited by Kevin 0. Johnson.
America serieseries p. an. Critical
IncludeIncludes bibliographical referencesreference and index.
ISBN 0-8147-42564 cloth alit paper
ISBN 0-81474257-2 pbk allcpaperl 1. Racially mixed people.Lal statustatus law laws etc--United States.
2. Mescegenation.United States. 3. Racially mixed people
Government policyUnited States.
I. Jhsn Kevin It U. Critical America KF4755 .M59 2002 346730l3_dc21 2002011775
New York University PresPress bookbooks are printed on acid-free paper and their
binding materialsmaterial are chosen Bsr sutngth and durability.
Manufsctured in the United StatesState of Amenca
10 American Mestizo 87
13 stated that at iouious and immoral. For example in 1876 variousvariou paperpapers Chinese men their teachers. In to tended Sunday school in order to debauch white female response
the articulation of these fearsfear in 1880 the legislature prohibited the licensing of mar between and white American Mestizo riageriages MongolianMongolians persons2 from also the sub The next large group of Asian immigrantsthose JapanwaJapanwas and in Anti-Miscegenation LawLaws California of to further amendment of the laws. FilipinosFilipino ject antagonism leading anti-miscegenation
While the impetuimpetus for tension was again economic two prime sitesites of expressed anx were school and Those who school iety segregation intermarriage. sought segregation the and of and dis Leti Volpp depicted Japanese as an immoral sexually aggressive group people seminated propaganda that warned that Japanese studentsstudent would defile their white
classmates. The Fresno Republican described miscegenation between whitewhites and the
Japanese as form of international adultery in conflation of race gender and na
tion. In 1905 at the height of the anti-Japanese movement the state legislature sealed
the breach between the license and marriage lawlaws and invalidated all marriagemarriages be
tween Mongolian and white spouses.3
By the time the Supreme Court finally declared anti-miscegenation lawlaws unconsti
tutional in had enacted laws IL Little Loving v. Virginia thirty-nine statestates anti-miscegenation law Brown Men
in sixteen of these statesstate such lawlaws were still in force at the time of the decision. While
the original focufocus of these lawlaws was primarily on relationshiprelationships between blackblacks and Tension over the presence of Chinese and Japanese had led to immigration exclusion also whitewhites prohibited were marriagemarriages between whitewhites and IndianIndians meaning Native of Chinese and Japanese laborerlaborers through succession of actacts dating between 1882
AmericanAmericans Hindu Hindus South AsianAsians MongolianMongolians into which were generally and 1924. Because industrialistsindustrialist and growergrowers faced resulting labor shortage they
lumped Chinese Japanese and KoreanKoreans and MalayMalays Filipinos. Nine statesAri began to import FilipinoFilipinos to Hawaii and the mainland United States- Classified as
zona California Georgia Maryland Nevada South Dakota Utah Virginia and American nationalnationals because the United StateStates had annexed the PhilippinesPhilippine follow
Wyomingpassed lawlaws that prohibited whitewhites from marrying Maays. The statutestatutes ing the Filipino-American War FilipinoFilipinos were allowed entry into the country. On the varied in their enforcement mechanismsmechanism some simply declared miscegenoumiscegenous mar mainland majorityof FilipinoFilipinos resided in California with sizable numbersnumber also in
riageriages void otherothers punished them as felonies. Washington and Alaska. By 1930 the number of FilipinoFilipinos on the mainland reached
over forty-five thousand. During the winter they stayed in the citiesworking as do
mesticmestics and gardenergardeners washing dishedishes in restaurantsrestaurant and doing menial tasktasks otherothers
I. California Asian invasioninvasions refused. In the summer they moved back to the fieldfields and harvested potatoespotatoe straw
berrieberries lettuce sugar beetbeets and fruits.
In 1850 California enacted law prohibiting marriagesmarriage between white personpersons and On the mainland 93 percent of all who emigrated from the PhilippinesPhilippine were
negroenegroes or mulartoes. Twenty-eight yearyears later referendum was proposed at the malemales the vast majoritybetween sixteen and thirty yearyears of age. While some scholarscholars California Constitutional Convention to amend the statute to prohibit marriagesmarriage be have focused on patriarchal Asian valuevalues as the reason for early Asian migration being tween Chinese and whites. While the so-called Chinese problem was initially con an almost exclusively male phenomenon otherothers have pointed to labor recruiting pat
ceptualized as one of economic competition created by the importation of ex ternterns and the specificsspecific of Immigration lawlaws themselvesthemselve as restricting the immigration
ploitable laborerlaborers without political rightrights the issue of sexual relationshiprelationships between of Asian women. United StateStates capital interestinterests wanted Asian maleworker workers but not whitewhites and Chinese also functioned as prime site of hysteria. their familiefamilies because detaching the male worker from heterosexual family struc
Invoked were fearfears of hybridity. John Miller state delegate speculated that the ture meant he would be cheaper labor.
lowest most vile and of the white race were most to The from other allowed dance degraded likely amalgamate FilipinoFilipinos lived in barrackbarracks isolated groupsgroup only with the Chinese resulting in hybrid of the most despicable mongrel of the most hallhalls gambling resortresorts and pool roomrooms of Chinatown as social outiets. They led os detestable that has ever afflicted the earth Miscegenation was presented aa public tracized livelives punctuated by the terror of racist violence. Many restaurantrestaurants and storestores health concern for Chinese were assumed by most of the delegatesdelegate to be full of filth hung signsigns stating FilipinosFilipino and dogdogs not allowed4 Anxiety about what was called and disease. Some argued that American institutioninstitutions and culture would be over the Third Asian Invasion was expressed primarily around three sitesites first the idea whelmed the by habithabits of people thought to be sexually promiscuoupromiscuous perverse lasciv that FilipinosFilipino were destroying the wage scale for white workerworkers second the idea that
INTERRACIAL INTIMACIEINTIMACIES
Sex Marriage Identity and Adoption
RANDALL KENNEDY
Vintage BdokBdoks
Division of Random House Inc.
New York dedicated to -. ThiThis book is my dutiful wise loving parentsparent
FIRST VZNTAGEBOOK BOOKS EDrTION JANUARY r.504 and Rachel Henry Harold Kennedy Sr. Spann Kennedy. Copyright 2003 by Randall Kennedy
AU righte reserved under International and Pan-American Copyright Conventions. Published in the United StateStates by Vintage BookBooks division of Random House Inc.
New.Yoek and sisnultaneously in Canada by Random House of Canada Limited Toronto. Oginal1y publishedin hardcover in the UnitedStare Stares by Pantheon BookBooks division of Random Hotise Inc. New York in 1003.
and trademarkstrademark of Inc. Vintage colophon are registered Random House
Grateful acknowledgment is made so the following for permission to reprint
material Inc. from previously publjahed HarperCollinsHarperCollin PublisherPublishers Excerpt
The Collected PoemPoems of Sterling A. Brown edited by Michael S. Harper.
.4.. Brown. Copyright 1980 by Sterling Reprinted by permission
of HarpesCollinsHarpesCollin PublisherPublishers Inc.
The Library of CongresCongress has cataloged the Pantheon edition as followfollows Kennedy Randall
Interracialintimacie intimacies sex marriage identit and adoption Randall Kennedy. pcm.
IncludeIncludes bibliographical referencesreference and index.
c. Interracial Stares. MarriageLaw and legislationUnited a. Miscegenation
Law and States. Interracial Stases. legislationUnited 3. adoptionUnited LTide.
KFyxz.K46 1003 346.73os6DCZ5 aooaoa86
Vantage ISBN o575-70264-4
Book S. RoebaRoebas design by johanna
www.vinragebookaeom
Printed in the United StateStates of America
5. 220 INTERRACIAL INTIMACIESINTIMACIE The Enforcement of Antimiscegenation LawLaws 221
From the early eighteenth century onward all antimiscegenatiori gender differential. White women were anointed as the primarygate
of white racial and became the membermembers of lawlaws in British North America prohibited blackblacks and whitewhites from keeperkeepers purity as such they
marrying one anothet Other like prohibitionsprohibition were imposed upon the white community who could with self-evident justice be ulost
Native AmericansAmericanand people of Chinese Japanese Filipino Indian severely penalized for racial transgressions. ViolationViolations included in
and Hawaiian ancestry Since the founding of the United StateStates there ascending order of perceived perfidiousnesperfidiousness having sexacros across racial
have been no lawlaws enacted against ChristiansChristian marrying JewJews or against linelines marrying acrosacross racial LineLines and giving birth to mixed-race
the nineteenth that racial interethnic marriages. In century many groupgroups are baby. Hence the regulation of intimacy has not only pitted white
now classified as ethnic whitewhites were thought of as distinct raceraces people against colored people it has also set men against women both
among them JewJews Irish ItaliansItalian and Hungarians.17 Despite the intense acrosacross racialline lines and within racial groups.
ethnic After the Civil federal social discriminationsdiscrimination sometimessometime practiced against specific War to comply with new requjrementrequjrements
identitiesthink for example of signsigns reading No Irish need regarding formal racial neutrality some state authoritiesauthoritie felt compelled interethnk blackblacks who married apply state governmentsgovernment never prohibited marriagemarriages to mete out to interracially the same punishment
among whites.Thi This fact further underscoreunderscores the unique statustatus of hat was imposed on their white spouses. No lesless ironic was the fact
in life. social been least lawlaws color American Although pressurespressure have widely that in at some jurisdictionsjurisdiction anthniscegenation were likely
brought to bear to discourage interethnic marriage state power was enforced more stringentlyafter the Civil War than before it. The institu
mobilized only when authoritiesauthoritie feared that people might marryacrosacross tion of slavery had given the collective ego ofwhite whites such massive
the color line. boost that many of them were willing to overlook infractionsinfraction of racial
Antirniscegenation lawsvatied widely by jurisdiction. Prior to the regulationregulations even to the extent of turning blind eye on interracial
Civil War officialofficials in some statestates punished only whitewhites for crimecrimes of romantic involvements. The abolition of slavery however and the
interracial intimacy. ThiThis appgoach was probably rooted in two beliefsbelief assertion of civil and political rightrights by blackblacks during Reconstruction
first that blackblacks were too irresponsible and too.inferiorto punish and dealt tremendoustremendou blow to the racial self-esteem of southern whitewhites in that whitewhites the and second it was responsibility to protect purity of their particular. Many compensated by insisting upon relentlesrelentless exact
own bloodlines.Thi This latter belief was closely related to yet another sta ing observance of both formal and informal rulerules of racial caste. One
tus distinction embedded in antebellum lawslaw regulating intimacy hallmark of thithis pericid was enhanced criminal enforcement of antimisantimi lawlaws that the cegenation and every other restriction reinforced lesson of
white supremacy and black subordination white purity and black con
chat other besidebesides blackblacks for SrateSrates singled out groupgroups as being ineligible marriage tamination.19 to whitewhites included Arizona MongolianMongolians MalayanMalayans HinduHindus IndianIndians California Some statestates for example punished those who performed interra- MongoliansMongolian MalayansMalayan Georgia Japanese Chijiese MalayanMalayans Asiatic IndianIndians cmi went even Mississippi MongoliansMongolian Montana Chinese Japanese Nebraska Chinese marriages. Mississippi further criminalizing sot only. Japanese Nevada EthiopiansEthiopian MalayaMongolian Mongolians and Wyoming Malayana interracial marriage but even the advocacy of social equality or of
Mongolians. See the very useful tabulationstabulation of anthaiscegenation lawsin Fowler intermarriage between whitewhites and negroni. PunishmentsPunishment for the vio Northern AttitudeAttitudes 3343. Note Contitudonality of Anti-Miscegenation
StatuteStatutes Yale Law Journal 58 5949 475 48083. See also Led Volpp Ameri can Mestizo Fihpinoa and Aatimiacegenation LawLaws in California University of Any person firmor corporation who shall be guilty of printing manerurgiug. atDavisatDavi Law Review i3dWornth 33 woo 798Sot Lloyd Riley Misce or presenting fog public acceptance pr general information argumentarguments pr suggesugges genationStatutesA Re-evalfiieion of Their Constitutionality inLight of Chang dondons in favor of social equality or of intermarriage between whitewhites and negroenegroes shall ing Social and Political ConditionConditions Southern California Law Reviesi xc8 be guilty of misdemeanor See Pauli Murray StateStates LawLaws on Race and Color