City of Amalgamation: Race, Marriage, Class and Color in Boston, 1890-1930

Posted in Dissertations, History, Law, Media Archive, Social Science, United States on 2010-09-01 21:42Z by Steven

City of Amalgamation: Race, Marriage, Class and Color in Boston, 1890-1930

University of Massachusetts, Amherst
September 2008
223 pages
Paper AAI3337029

Zebulon V. Miletsky, Assistant Professor of Black Studies
University of Nebraska, Omaha

Submitted to the W.E.B. Du Bois Department of Afro-American Studies at the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements of the degree of Doctor of Philosophy

This dissertation examines the evolution of early race relations in Boston during a period which saw the extinguishing of the progressive abolitionist racial flame and the triumph of Jim Crow in Boston. I argue that this historical moment was a window in which Boston stood at a racial crossroads. The decision to follow the path of disfranchisement of African Americans and racial polarization paved the way for the race relations in Boston we know and recognize today. Documenting the high number of blacks and whites who married in Boston during these years in the face of virulent anti-miscegenation efforts and the context of the intense political fight to keep interracial marriage legal, the dissertation explores the black response to this assault on the dignity and lives of African Americans. At the same time it documents the dilemma that the issue of intermarriage represented for black Bostonians and their leaders. African Americans in Boston cautiously endorsed, but did not actively participate in the Boston N.A.A.C.P.’s campaign against the resurgence of anti-miscegenation laws in the early part of the twentieth century. The lack of direct and substantial participation in this campaign is indicative of the skepticism with which many viewed the largely white organization.

Boston, with its substantial Irish population, had a pattern of Irish, and other immigrant women, taking Negro grooms–perhaps because of the proximity within which they often worked and their differing notions about the taboo of race mixing. Boston was, for example, one of the most tolerant large cities in America with regard to interracial unions by 1900. In the period between 1900 and 1904, about 14 out of every 100 Negro grooms took white wives. Furthermore, black and white Bostonians cooperated politically to ensure that intermarriage remained legal throughout the nation.

Table of Contents

  • Acknowledgements
  • Abstract
  • Preface
  • Introdution
  • 1. A Sojourn in the City of Amalgamation: Race, Marriage and Freedom in Boston
  • 2. Interracial Paradise?: Boston and the Profressive Racial Impulse
  • 3. Proving Ground: Boston’s Black Leadership and the Dilemma of Intermarriage
  • 4. Breach of Promise: Passing and the Van Houten Case in Boston
  • Conclusion
  • Bibliograpy

Preface

This dissertation examines the history of mixed race in Boston since 1890. As such, various mixed race “phenomena” are investigated including, but not limited to, interracial marriage, community and settlement patterns, the politics of intermarriage, love and sex across the color line, and racial paranoia surrounding the issue of miscegenation. It also investigates the disastrous implications the one-drop rule has had for virtually every important institution in American life: love, family and kinship patterns, marriage, sex, filial ties, legal and jurisdictional matters, education, community migration and settlement patterns. Furthermore, it tracks the evolution of the assumption of race as a biological reality to its present day manifestation as a socially constructed phenomenon. Finally, it outlines the ways in which the one-drop rule, originally intended to deny the rights of African Americans, came (somewhat ironically) to galvanize the black community.

The Introduction to this study serves as a brief review of the literature on the history of the one-drop rule in America. It is this measure of blackness, which has made racial mixing, miscegenation, and therefore, mixed race identity in the United States, problematic in ways that it did not in other post-slave societies. This literature illuminates the ways in which the one-drop rule came to govern America’s unique binary racial system, beginning with its incarnation as a widespread and complicated system of laws during slavery that decreed slave status was inherited through the mother (also known as hypodescent) to the anti-miscegenation laws that sprang up after the Civil War making it illegal in this country for people of different races to marry one another. A secondary aim of the introduction will be to briefly discuss nineteenth century pseudoscientific theories of race and the mythology of “blood theory”.

Chapter one, A Sojourn in the City of Amalgamation, documents the relatively high number of blacks and whites who married in Boston during these years and the fight to keep interracial marriage legal. The politics of interracial marriage with a particular emphasis on the abolitionist legacy in Boston, beginning with the struggle to lift the ban on intermarriage in the Commonwealth of Massachusetts in 1843, is the origin from which this study germinates. It was in this radical environment that progressives, radicals and other heirs to the abolitionist legacy formulated a counter-philosophy that attempted to transgress America’s greatest fiction—the notion of the “one-drop” rule. In this way, cities like Boston became havens for interracial marriages and love across the color line, in general.

Chapter two, Interracial Paradise, examines the somewhat idyllic ways in which Boston was portrayed by anti-amalgamationists and southern apologists to the lost cause of the Civil War. It discusses important neighborhoods such as the South End, which was the stage upon which much of this drama took place and was the heart of Boston’s black community after it moved out of the confines of Beacon Hill. African Americans in Boston cautiously endorsed, but did not actively participate in, the campaign against the resurgence of anti-miscegenation laws in the early part of the 20th century. This lack of direct and substantial black participation in this campaign is significant. It is indicative of the dilemma that the issue of intermarriage represented for black Bostonians and their leaders.

Chapter three, Proving Ground, examines the political struggle over the issue of interracial marriage and the dilemma it posed for the Boston branch of the N.A.A.C.P., as well as the national organization, when Congress attempted to pass a national ban on intermarriage in 1915. The N.A.A.C.P. and its Boston branch constituted the principal opposition to the ban. This chapter examines the political struggle over the issue of interracial marriage and the dilemma it posed for leading organizations such as the N.A.A.C.P., not only in Boston but across the nation. That same year, the Boston chapter held several mass meetings to protest the pending anti-miscegenation legislation in Congress. The Boston branch was especially challenged when the Commonwealth of Massachusetts attempted to pass a statewide ban in 1927 in response to the Jack Johnson interracial marriage controversy. I will examine the steps that were taken not only by the Boston N.A.A.C.P. to organize black Bostonians to defeat the bill, but the involvement of William Monroe Trotter’s National Equal Rights League and the dilemma the intermarriage caused for black leadership in general.

Chapter four, Breach of Promise, takes a look at a case of passing which was the Van Houten case in Boston. The case caused quite a stir in the delicate balance of social and racial hierarchy in Boston as well as a reversal of fortune in the courts. The case was watched very closely by the press who fed the public’s appetite for every detail of the story, much like the drama that filled the pages of the romance novels on passing such as Nella Larsen’s Quicksand. Like the protagonist of that story, Anna Van Houten was cursed by her racial betrayal and in the end despised for her deception. Her case was an important turning point in the adjudication of interracial marriage since it necessitated a legal remedy against intermarriage in a state where it was supposedly legal.

Introduction

Race and racial identity are perhaps the single most important social markers of identification in American life and culture. They serve as automatic registers of information about a person—their history, their background, their politics, and even, perhaps, their socioeconomic status—and yet for all the things we ask it to do for us, race falls incredibly wide of the mark. Race cannot, for example, tell us, who we’re going to become in the future, or what we can accomplish, or for that matter who we are. Social scientists, anthropologists, and biological scientists all tell us that race is not real—that there is no biological basis for race in human physiology—and yet, we live and operate on a day-to-day basis as though it were. What is the impact of this enduring paradox—America’s greatest fiction, one that we have lived and propagated now for more than four centuries?

As we have seen in the late nineteenth and early twentieth century, whiteness became highly sought after as the preferred status of choice that conferred all the benefits of racial privilege—and until the 1950s, naturalized citizenship. However, it should be mentioned that whiteness as a concept is far more significant for what it is not, then for what it is—namely, not black. Therefore, although America differs in its racial formulas of determining who is white and who is not, the main reason for the invention of whiteness, escape from the racial curse of blackness, remains intact in many Latin American and Caribbean countries. Gilberto Freyre’s notion of Brazil as an interracial democracy that is different from a racist United States is a good example of this phenomenon. Their odyssey over the highly contested and often controversial terrain of race and national identity has been a long and difficult journey. Burdened by a dual legacy of colonialism and foreign occupation, many of these republics, with the exception of perhaps Cuba, Haiti and anglophone West Indian countries, have suffered from a seeming inability to use blackness as a collective national organizing principle. Several of these countries have vacillated between ideologies that are based on white supremacy and reinforced by a legacy of historical amnesia. Scholars of race in Latin America have characterized this as an outright state of denial, for some, of their true racial make-up.

It is this unique binary racial system then, which has made racial mixing, miscegenation and a mixed race identity in the United States problematic in ways that it did not in other post-slave societies. It has had disastrous implications for virtually every important institution in American life: family and kinship patterns, marriage, filial ties, legal and jurisdictional matters, education, love, community migration and settlement. Race in the United States, for example, creates the odd and strange phenomenon that a white woman is able to give birth to a black child, but a black woman can never, under any circumstances, give birth to a white child. This was the basis for a widespread and complicated system of laws during slavery that decreed that slave status was passed on by the mother and miscegenation laws that sprang up after the Civil War making it illegal in this country for people of different races to marry one another. Moreover, racial classification in America has created an entire mythology that we still unflinchingly believe is based on the archaic and unsound biological concept of blood theory. It is still commonplace to hear someone characterize a mixed person, for example, as having “mixed-blood” and subscribe to the mythical concept of the one-drop-rule, also known as hypo-descent, meaning that racially mixed persons are assigned the status of the subordinate group in their ancestry.

In the United States, blood theory and pseudo-scientific theories of race reached their pinnacle in the late-nineteenth century with scientists engaged in a constant effort to prove that the Negro was a member of “a separate and permanently inferior species,” and, “not simply a savage or semi-civilized member of the same species.”  The basic assumption was that race was a biological phenomenon and an essential one at that.

It has become common practice of late in scholarship dealing with race and racial identity to point to the phenomenon of race as a socially constructed fallacy that has no basis in biological or scientific fact. Increasingly, terms such as construction, invention, and idea have replaced the once dominant scientific and empirical terminology used to describe race, a phenomenon that had, and still has, profound implications for the stratification of society. However, as eager as anthropologists are to proclaim the premature death of race, it is imperative to acknowledge the powerful and important social role that race still plays in our daily lives, cultures, and lived experiences, not to mention the endless sea of ink that has been spilled over the nature and image of the Negro. The theorem posed by W. I. Thomas in the year 1928, seems applicable here. It states, “If men define situations as real, they are real in their consequences.” Perhaps one of the biggest limitations of these modern approaches is a marked tendency to critique ideas about race by challenging the validity of the concept of race itself. Because the discipline of anthropology has effectively moved to a “color blind” position, one which increasingly views society through the lens of ethnicity rather than race, it has confused the issue by distorting the role that race plays in society. By denying the importance of race and the way in which racial categories are formulated in the first place, it has among other things, opened itself up to a racial discourse that allows conservatives to advance the false ideal of a color-blind society…

Purchase the dissertation here.

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Forsaking All Others: A True Story of Interracial Sex and Revenge in the 1880s South

Posted in Books, Forthcoming Media, History, Law, Monographs, United States on 2010-08-20 16:09Z by Steven

Forsaking All Others: A True Story of Interracial Sex and Revenge in the 1880s South

University of Tennessee Press
2010-11-10
160 estimated pages
Cloth ISBN: 978-1-57233-724-4; 1572337249
Ebook ISBN: 978-1-57233-740-4; 1-57233-740-0

Charles F. Robinson, Vice Provost for Diversity; Associate Professor of History and Director of African American Studies
University of Arkansas

The electronic book (E-Book) is available now.

An intensely dramatic true story, Forsaking All Others recounts the fascinating case of an interracial couple who attempted—in defiance of society’s laws and conventions—to formalize their relationship in the post-Reconstruction South. It was an affair with tragic consequences, one that entangled the protagonists in a miscegenation trial and, ultimately, a desperate act of revenge.

From the mid-1870s to the early 1880s, Isaac Bankston was the proud sheriff of Desha County, Arkansas, a man so prominent and popular that he won five consecutive terms in office. Although he was married with two children, around 1881 he entered into a relationship with Missouri Bradford, an African American woman who bore his child. Some two years later, Missouri and Isaac absconded to Memphis, hoping to begin a new life there together. Although Tennessee lawmakers had made miscegenation a felony, Isaac’s dark complexion enabled the couple to apply successfully for a marriage license and take their vows. Word of the marriage quickly spread, however, and Missouri and Isaac were charged with unlawful cohabitation. An attorney from Desha County, James Coates, came to Memphis to act as special prosecutor in the case. Events then took a surprising turn as Isaac chose to deny his white heritage in order to escape conviction. Despite this victory in court, however, Isaac had been publicly disgraced, and his sense of honor propelled him into a violent confrontation with Coates, the man he considered most responsible for his downfall.

Charles F. Robinson uses Missouri and Isaac’s story to examine key aspects of post-Reconstruction society, from the rise of miscegenation laws and the particular burdens they placed on anyone who chose to circumvent them, to the southern codes of honor that governed both social and individual behavior, especially among white men. But most of all, the book offers a compelling personal narrative with important implications for our supposedly more tolerant times.

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The Law: Anti-Miscegenation Statutes: Repugnant Indeed

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

The Law: Anti-Miscegenation Statutes: Repugnant Indeed

Time Magazine
1967-06-23

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

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

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Passing Fancy

Posted in Articles, History, Law, Media Archive, Social Science, United States on 2010-04-13 02:38Z by Steven

Passing Fancy

Legal Affairs – The Magazine at the Intersection of Law and Life
September/October 2003

Daniel J. Sharfstein, Assistant Professor of Law
Vanderbilt University

In the Jim Crow South, courts understood that rigidly enforcing the rules against mixed marriage would have been a disaster—for whites.

In 1903, a Young North Carolina farmer named Frank Ferrell went a-courting. Nineteen years old and working on his father’s farm in the town of Zebulon, Frank settled his attentions on Susie Patterson, a quiet woman in her early 20s whose family had lived in nearby Riley since the 1880s. Riley was a town on two borders, smack on the line separating Franklin and Wake counties, in the rolling hills where the Atlantic Coastal Plain meets the Piedmont Plateau.

Evidently, a third boundary ran through Riley as well. While Frank wooed her, rumors circulated that she had some Indian or Portuguese ancestry—and some suggested that her blood ran a few shades darker. Perhaps because she feared the rumors would one day bring trouble, Susie refused Frank’s marriage proposal. But her suitor persisted and won her over. The couple married in January 1904 at the home of a justice of the peace on the Wake County side.

By April of the following year, the couple had a daughter, and Frank had become a drunk. He beat his wife, stopped providing for her and their baby, and in early 1907 abandoned them entirely. Soon after, he hired a lawyer and filed a complaint alleging that he had unwittingly married a black woman…

…During the South Carolina Constitutional Convention in 1895, Congressman George Dionysus Tillman, older brother of the notorious segregationist politician “Pitchfork Ben” Tillman, argued strenuously against a proposal to prohibit marriage between whites and people who had “any” African ancestry. Tillman said that the provision would affect “at least 100″ families in his district that had sent their boys to fight for the Confederacy—and that no delegate on the floor could claim to be a “full-blooded Caucasian.” The convention adopted a one-eighth rule. Such actions prompted Charles Chesnutt to muse, “I could almost write a book about these laws, their variations, their applications and curious stories that one hears continually concerning them.” The color line is palpably present in many of the short stories that he published in The Atlantic Monthly at the turn of the century. And a character in one of Chesnutt’s novels became white simply by moving to a state with a more forgiving definition…

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

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

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

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

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

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

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

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

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Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950

Posted in Articles, Asian Diaspora, History, Law, Media Archive, Politics/Public Policy, United States on 2010-03-15 01:34Z by Steven

Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950

Berkeley Asian Law Journal
Volume 9, Number 1 (2002)
pages 1-40

Gabriel J. Chin
University of Arizona James E. Rogers College of Law; University of Arizona School of Government and Public Policy

Hrishi Karthikeyan
New York University School of Law

This essay explores the relationship between Asian American population and applicability of anti-miscegenation laws to that group in the first half of the 20th Century, testing legal scholar Gilbert Thomas Stephenson’s theory that racial restrictions would arise whenever non-whites of any race exist in considerable numbers. Several states prohibited Asian-white intermarriage even though the Asian American numbers failed even remotely to approach those of the white population in those states. These anti-miscegenation statutes were unique in the Jim Crow regime in the degree of specificity with which they defined the racial categories subject to the restrictions, using precise terms like Japanese or Mongolians, rather than broad terms like colored. Further, the number of statutes applicable to Asians more than doubled between 1910 and 1950, even though census data shows that the proportion of Asian population was stable or declining in these states, and in any event tiny.

The proliferation of anti-Asian miscegenation laws raises important questions about the racial landscape of our country during this period. Correlating census data with the development of anti-miscegenation statutes suggests that population does have an impact on whether states would restrict Asian marriage, but in a more complex way than Stephenson proposed. In all states in which Asian-white marriage was restricted by race, so too was African American-white intermarriage; no statutes targeted Asians alone. But in virtually all states restricting African American intermarriage where there was a discernable Asian population – 1/2000th or more – Asian intermarriage was also regulated. The combination of a state’s inclination to segregate, plus a visible Asian population, reliably predicts when Asians would be covered by a statute. This suggests that in the states where racially diverse populations were seen as threats appropriately subject to legal regulation, the nature of the problems presented by the various races was the same.

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American Mestizo: Filipinos and Antimiscegenation Laws in California

Posted in Articles, Asian Diaspora, Law, Media Archive, United States on 2010-02-21 04:56Z by Steven

American Mestizo: Filipinos and Antimiscegenation Laws in California

University of California, Davis Law Review
Volume 33, Number 44 (2000)
pages 795-835

Leti Volpp, Professor of Law
University of California, Berkeley

This essay interprets the legal history of efforts to prohibit intermarriage between Filipino men and white women in the state of California in the 1920s and 30s. I do this through examining both public discourse and legal discourse, in the form of advisory opinions of the California State Attorney General and the Los Angeles County Counsel, litigation in Los Angles Superior Court and the California Court of Appeals, and state legislation.

Much scholarship examines antimiscegenation laws through the lens of presumptive heterosexuality, and gives enormous explanatory power to race in a way that ignores the role of class and gender. This paper argues that we need to examine the mutually constitutive nature of these forces in shaping antimiscegenation laws. Thus, I examine how the racial identity of Filipinos was shaped by assumptions about racialized sexuality, colonial relations between the United States and the Philippines, the importation of exploitable laborers without political rights, and the intertwining of gender and nationalism.

The question of whether Filipinos should be prohibited from marrying white women reached the California Court of Appeals in 1933 in the guise of the query as to whether Filipinos should be considered “Mongolian.” The state in 1880 and 1905 had prohibited the licensing of marriages between “Mongolians” and “white persons” and invalidated all such marriages. Subsequent legal challenges involving the right of Filipinos to marry whites betray enormous confusion as to whether Filipinos should be classified as “Mongolian,” or as a separate ethnological group, as “Malay.” This racial classification was put at issue in cases where Filipino/white couples sought to marry, and who therefore asserted that Filipinos were not “Mongolians”; in a case where a mother sought to stop her daughter’s marriage; in two cases where annulment of marriage was sought, one by a white woman, the other by a Filipino man; and in one case in which a prosecutor sought to void a marriage so a white wife could testify against her Filipino husband.

The positioning of Filipinos as “Mongolian,” or in opposition to “Mongolians” as the ethnologically different “Malay,” provides a narrative within which the contemporary identity of Filipinos is created. This history demonstrates that there is nothing natural or preordained about racial classification, and provides an example of how race is made.

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Blood Will Tell: Scientific Racism and the Legal Prohibition Against Miscegenation

Posted in Articles, History, Law, Media Archive, Social Science, United States on 2010-02-21 00:19Z by Steven

Blood Will Tell: Scientific Racism and the Legal Prohibition Against Miscegenation

Michigan Journal of Race & Law
University of Michigan Law School
Volume 5, Issue 2 (Spring 2000)
pages 560-609

Keith Edward Sealing, Dean of Students
Widener Law School, Widener University

Laws banning miscegenation endured in the colonies and the United States for more than 300 years. When the Supreme Court declared all such laws unconstitutional in Loving v. Virginia in 1967, sixteen such statutes and constitutional provisions were still in effect. Scientific racism determined a hierarchy within the White race that placed the Teutonic at the top, the Anglo-Saxon as the heir to the Teuton, and the American as the current leading branch of that line. Prior to the Darwinian revolution, two competing scientific theories, monogenism and polygenism, were applied to justify miscegenation statutes. The “monogenists” believed that all men descended from a single ancestor and were of the same species. This theory comported with the Bible and the story of Ham, as interpreted literally by the fundamentalists. The “polygenists” saw Blacks as a separate and inferior species descended from a different “Adam,” and, thus, saw slavery as qualitatively no different from the ownership of a horse, and miscegenation as approaching bestiality. These beliefs and attitudes endured well into the Twentieth Century, supported after 1900 by the eugenics movement. This article focuses on anti-miscegenation statutes as applied to former slaves and others of African descent, particularly in the South. This article first examines the miscegenation paradigm in terms of a seven-point conceptual framework that not merely allowed but practically demanded anti-miscegenation laws, then looks at the legal arguments state courts used to justify the constitutionality of such laws through 1967. Next, it analyzes the Biblical argument, which in its own right justified miscegenation, but also had a major influence on the development of the three major strands of scientific racism: monogenism, polygenism and Darwinian theory. It then probes the concept upon which the entire edifice is constructed—race—and discusses the continuing vitality of this construct. Next, this article turns to the major strands of scientific racism and briefly develops more modern theories that continued the racist tradition well into the Twentieth Century. The article then looks at the effects of scientific racism on the thoughts and actions of the founding fathers and the Reconstruction-era Congress before turning to the long line of state cases upholding miscegenation statutes, in part by relying on scientific racism. Finally, it discusses the cases that questioned the constitutionality of anti-miscegenation statutes, Perez v. Lippold and Loving v. Virginia.

Read the entire article here.

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A Reappraisal of the Constitutionality of Miscegenation Statutes

Posted in Articles, Law, Media Archive, United States on 2010-02-12 23:19Z by Steven

A Reappraisal of the Constitutionality of Miscegenation Statutes

Journal of the National Medical Association
Volume 51, Number 3
May 1959
pages 215-220

Orignially published in 42 Cornell Law Quarterly 208 (1957).

Andrew D. Weinberger, LL.B., D. HUM, Member of the New York Bar, New York City & Visiting Professor of Law
Nationzal University of Mexico

Today [in 1957], 21 States of the Union by statute forbid marriages on racial grounds. These statutes are neither uniform in the racial groups against whom the ban is applicable, nor in defining membership in the various ethnic groups. Thus, while in Utah white-Mongolian marriages are illegal and void, in North Carolina they are permitted. In Arkansas, where white-Negro marriages are void, a Negro is defined as “any person who has in his or her veins any Negro blood whatever.” In Florida, one ceases to be a Negro when he has less than “one-eighth of . . . African or Negro blood”; and in Oklahoma, anyone not of “African descent” is miraculously transmuted into a member of the white race.

The racial groups affected by such statutes include Mongolians, Malays, Hindus, Chinese, Japanese, Ethiopians, American Indians, Cherokees, Mestizos, Halfbreeds, and “the brown race.” The sole racial group (other than white persons) affected by all twenty-one statutes is the Negro…

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Engineering American society: the lesson of eugenics

Posted in Anthropology, Articles, Health and Medicine, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2010-02-08 00:08Z by Steven

Engineering American society: the lesson of eugenics

Nature Reviews Genetics
Volume 1, November 2000
pages 153-158

David Micklos
DNA Learning Centre
Cold Spring Harbor Laboratory, New York

Elof Carlson, Professor Emeritus
State University of New York, Stony Brook

We stand at the threshold of a new century, with the whole human genome stretched out before us. Messages from science, the popular media, and the stock market suggest a world of seemingly limitless opportunities to improve human health and productivity. But at the turn of the last century, science and society faced a similar rush to exploit human genetics.  The story of eugenics—humankind’s first venture into a ‘gene age’ — holds a cautionary lesson for our current preoccupation with genes.

Eugenics was the effort to apply the principles of genetics and agricultural breeding towards improving the human race. The term “eugenics”— meaning well born —was coined in 1883 by Francis Galton, a British scientist who used data from biographical dictionaries and alumni records at Oxford and Cambridge Universities to conclude that superior intelligence and abilities were traits that could be inherited.

Most people equate eugenics with atrocities that were committed in Nazi Germany for the sake of racial purity. In this context, eugenics is easy to dismiss as purely aberrant behaviour. However, the story of eugenics in the United States is, perhaps, more important than that of Nazi Germany as a cautionary tale to take with us into our new century.  Here we describe the tale of the subtle ways in which the science of genetics was, by degrees, transformed from an agricultural experiment into a popular movement to engineer American society. The fact that eugenics flourished in the land of liberty, involved numerous prominent scientists and civic leaders, and made its intellectual home at the forerunner of the now prestigious Cold Spring Harbor Laboratory shows just how far America fell from grace during this period…

Race mixing. Laws against interracial marriage had existed in some states since colonial times, but their number increased after the Civil War. The idea that race mixing, or miscegenation, causes genetic deterioration was proposed by Joseph Arthur Gobineau and other anthropologists in the late nineteenth century. It is worth noting that eugenicists’ conception of race included the classic divisions by skin colour, as well as differences in national origin.  Most lay-eugenicists subscribed to the Biblical idea of ‘like with like’ and that the ‘half-breed’ offspring of parents from two different races were genetically inferior to the parental stock. Davenport’s compilation in 1913 showed that 29 states had laws forbidding mixed-race marriages.  Although these laws were not always enforced, heavy fines and long prison terms showed how seriously American society considered miscegenation to be at that time.

As in the case of immigration restriction, eugenicists were more than willing to provide a supposed scientific rationale for existing
racial prejudice. In his influential book, The Passing of the Great Race, Madison Grant warned that racial mixing was a social crime that would lead to the demise of white civilization. Eugenicists actively supported strengthening pre-existing laws and enacting of new ones, including the Virginia Racial Integrity Act of 1924. The Virginia Act and all other similar state laws were struck down by the United States Supreme Court in 1967 in Loving versus Commonwealth of Virginia

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