Reconstruction, Segregation, and Miscegenation: Interracial Marriage and the Law in the Lower South, 1865-1900

Reconstruction, Segregation, and Miscegenation: Interracial Marriage and the Law in the Lower South, 1865-1900

American Nineteenth Century History
Volume 6, Issue 1
March 2005
pages 57-76
DOI: 10.1080/14664650500121827

Peter Wallenstein, Professor of History
Virginia Polytechnic Institute and State University

On the eve of Congressional Reconstruction, all seven states of the Lower South had laws against interracial marriage. During the Republican interlude that began in 1867-68, six of the seven states (all but Georgia) suspended those laws, whether through judicial invalidation or legislative repeal. Yet by 1894 all six had restored such bans. The trajectory of miscegenation laws in the Lower South between 1865 and 1900 permits a reconsideration of the range of possibilities the Reconstruction era brought to public policy. More than that, it forces a reconsideration of the origins of the Jim Crow South. Legally mandated segregation in public transit, as C. Vann Woodward observed in 1955, took hold late in the century. But such segregation in public education, as Howard R. Rabinowitz pointed out with his formula ‘from exclusion to segregation,’ originated during the first postwar years. Segregation on the marital front – universal at the start of the period and again at the end, but relaxed in most Lower South states for a time in between – combined the two patterns into yet a third. Adding another layer of complexity was the issue of where the color line was located, and thus which individuals were classified on each side of it.

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