Mixed Race Studies

Neither Black Nor White: Slavery and Race Relations in Brazil and the United States

University of Wisconsin Press
July 1986
328 pages
Paperback ISBN: 978-0-299-10914-1

Carl N. Degler (1921-2015), Margaret Byrne Professor of American History Emeritus
Stanford University

Carl Degler’s 1971 Pulitzer-Prize-winning study of comparative slavery in Brazil and the United States is reissued in the Wisconsin paperback edition, making it accessible for all students of American and Latin American history and sociology.

Until Degler’s groundbreaking work, scholars were puzzled by the differing courses of slavery and race relations in the two countries. Brazil never developed a system of rigid segregation, such as appeared in the United States, and blacks in Brazil were able to gain economically and retain far more of their African culture. Rejecting the theory of Gilberto Freyre and Frank Tannenbaum that Brazilian slavery was more humane, Degler instead points to a combination of demographic, economic, and cultural factors as the real reason for the differences.

Table of Contents

• Preface
• I. The Challenge of the Contrast
  • Contrast in History
  • Contrast in Cultural Response
  • Contrast Acknowledged
  • An Explanation Advanced
• II. Slavery Compared
  • Who Protects the Slave’s Humanity?
  • Manumission: How Easy, How Common?
  • Rebellions and Runaways
  • The International Slave Trade As Cause
  • Slave Rearing As Consequence
  • A Harsher Slavery
  • To Arm a Black Slave
  • Who Identifies with Negroes?
  • The Hidden Difference
• III. The Outer Burdens of Color
  • The Geography of Color Prejudice
  • Who Is a Negro?
  • Permutations of Prejudice
  • Measures of Discrimination
• IV. The Inner Burdens of Color
  • Negroes Alone Feel the the Weight
  • Eventually the Veil Falls
  • The Flight from Blackness
  • The Black Mother on Two Continents
  • Black Panthers Not Allowed
  • Sex, but Not Marriage
  • “A Negro with a White Soul”
  • The Heart of the Matter
• V. The Roots of Difference
  • Consciousness of Color
  • The Historical Dimension
  • The Mulatto Is the Key
  • The Beginnings of the Mulatto Escape Hatch
  • White Wife Against White Man
  • A Path Not Taken
  • Cultural and Social Values Make a Differance
  • Democracy’s Contribution
  • The Differences As National Ideologies
• VI. A Contrast in the Future?
  • The Gap Narrows
  • Negroes See a New Contrast
  • A Brazilian Dilemma
  • Always That
  • Indelible Color
• Index

The Racial Paradox of Tribal Citizenship

American Studies
Volume 46, Numbers 3 & 4 (Fall-Winter 2005)
pages 163-185
Indigenous Studies Today
Volume 1 (Fall 2005/Spring 2006)

Steve Russell, Associate Professor of Criminal Justice
Indiana University

As I begin to write this my tribal election season is at hand. As usual, all the candidates claim to be “traditional.” This is a claim easy to make and hard to disprove. What is traditional? We are now over half Christian, and more of us speak English than speak Cherokee. Many of the accoutrements of contemporary identity have roots in recent times: frybread, ribbon shirts, jingle dresses, powwows. On the other hand, some items of earlier provenance, such as blowguns and turbans, surprise some modern Cherokees. We date our first written laws from 1808. We have lived under a series of written constitutions, the longest lasting those of 1839 and 1975. Is written law traditional? More to the point of this article, is the current Cherokee law of citizenship, a race-based law like that of most American Indian tribes, traditional?

I hope to show that the idea of “race” is, in Partha Chatterjee’s phrase describing nationalism, “a derivative discourse.” It is not only derived from European colonial discourse, but it has done and continues to do harm to Indian nations on a scale similar to that of smallpox and measles. Pathogens are typically ranked by body count, and so my task here will be to demonstrate that race theory is an Old World pathogen that diminishes the numbers of American Indians on a scale that invites comparison to “guns, germs, and steel.” It is perhaps instructive to read Chatterjee’s words and substitute “race” for “nationalism”:

Nationalism as an ideology is irrational, narrow, hateful and destructive. It is not an authentic product of any of the non-European civilizations which, in each particular case, it claims as its classical heritage. It is wholly a European export to the rest of the world. It is also one of Europe’s most pernicious exports, for it is not a child of reason or liberty, but of their opposite: of fervent romanticism, of political messianism whose inevitable consequence is the annihilation of  freedom.

Can “race” properly be considered, like nationalism, an ideology? According to the American Anthropological Association:

. . . physical variations in the human species have no meaning except the social ones that humans put on them. Today scholars in many fields argue that “race” as it is understood in the United States of America was a social mechanism invented during the 18th century to refer to those populations brought together in colonial America: the English and other European settlers, the conquered Indian peoples, and those peoples of Africa brought in to provide slave labor. . . . As they were constructing U.S. society, leaders among European-Americans fabricated the cultural/behavioral characteristics associated with each “race,” linking superior traits with Europeans and negative and inferior ones to blacks and Indians…. Ultimately, “race” as an ideology about human differences was subsequently spread to other areas of the world. It became a strategy for dividing, ranking, and controlling colonized people used by colonial powers everywhere.

The AAA Statement refers in a part not quoted above to the “Great Chain of Being” theory as the philosophical basis for ranking people by race, a religious theory that looked to early anthropology for scientific support. Cultural anthropology was in turn supported in its endorsement of racial hierarchy by disciplines thought to be more empirical in content: archaeology and physical anthropology. Outside of Indian law, the primary postbellum legal expression of the “Great Chain of Being” was anti-miscegenation law, representing a legal endorsement of racist ideology that was not declared unconstitutional by the U.S. Supreme Court until 1967…

Read the entire article here.

Resistance, Silence, and Placées: Charles Bon’s Octoroon Mistress and Louisa Picquet

American Literature
Volume 79, Number 1 (March 2007)
pages 85-112
DOI: 10.1215/00029831-2006-072

Stephanie Li, Assistant Professor of English
University of Rochester

In 1850, Mary Walker, a free woman of color, filed a petition in the Fourth District Court of New Orleans to enslave herself and her nine-year-old daughter to George Whittaker. Commenting on a similar case involving the voluntary enslavement of another free woman of color, the New Orleans Daily Picayune asserted that Amelia Stone “preferred” the liberty, security, and protection of slavery here, to the degradation of free niggerdom among the Abolitionists at the North, with whom she would be obliged to dwell, and in preference to which, she has sought the ‘chains’ of slavery.” With only this specious rationale, a political barb aimed at antislavery Northerners, there exists no historical record to explain Stone’s and Walker’s drastic choice. Nevertheless, we can offer some conjectures concerning the motives of women of color who sought enslavement. Throughout the nineteenth century, free people of color living in New Orleans were subjected to waves of discrimination that culminated in the ratification of laws restricting their mobility and basic liberties. They were required to carry proof of their freedom at all times, and their right of assembly was severely limited. An 1842 law required recently arrived free blacks to leave Louisiana. Had Walker been new to the state, enslavement would have been the only way for her to remain. Even if she had been born in Louisiana, she might have preferred the stability of enslavement to the troubles and insecurities of freedom.

In giving up her liberty, Walker made one final independent choice; she chose George Whitaker as her master. Perhaps she had some knowledge of his character and social position that led her to entrust her life and that of her daughter to him. He may have been her former…

Read or purchase the article here.

The Value of Intersectional Comparative Analysis to the “Post-Racial” Future of Critical Race Theory: A Brazil-U.S. Comparative Case Study

Connecticut Law Review
Volume 43, Issue 5 (July 2011)
pages 1407-1437

Tanya Katerí Hernández, Professor of Law
Fordham University

This Commentary Article aims to illustrate the value of comparative law to the jurisprudence of Critical Race Theory (CRT), particularly with reference to the CRT project of deconstructing the mystique of “postracialism.” The central thesis of the Article is that the dangerous seductions of a U.S. ideology of “post-racialism” are more clearly identified when subject to the comparative law lens. In particular, a comparison to the Brazilian racial democracy version of “post-racialism” is an instructive platform from which to assess the advisability of promoting post-racial analyses of U.S. racial inequality. In Part I the Article introduces the value of comparative law to the future development of CRT. Part II provides an overview of Brazilian “post-racial” discourse. Part III then details the quantitative and qualitative indicators of racial discrimination and intersectional race and gender discrimination in Brazil. Part IV focuses upon the Brazilian legal opposition to post-racialism as evidenced by a recent intersectional anti-discrimination case. The Article then concludes that the critical comparative examination of the Brazilian version of “post-racialism” assists in elucidating the concrete counterintuitive harms of a “post-racial” perspective in the United States.

ARTICLE CONTENTS

• I. INTRODUCTION
• II. BRAZILIAN “POST-RACIAL” RACIAL DISCOURSE
• III. QUANTITATIVE AND QUALITATIVE INDICATORS OF DISCRIMINATION IN BRAZIL
• IV. THE INTERSECTIONAL POSITION OF AFRO-BRAZILIAN WOMEN
• V. THE INTERSECTIONAL CASE OF TIRIRICA

I. INTRODUCTION

In her article in this volume, Twenty Years of Critical Race Theory: Looking Back To Move Forward, Kimberlé Williams Crenshaw turns her attention to considering the “contemporary significance of CRT’s trajectory in light of today’s ‘post-racial’ milieu.” Post-racialism is characterized by a public policy agenda of colorblind universalism rooted in the assertion that society has transcended racism. Post-racialism incorporates colorblindness but is distinct in extending beyond the colorblindness retreat from race as primarily an aspiration for eliminating racism. In contrast, the rhetoric of post-racialism contends that racism has already been largely transcended.

In Crenshaw’s consideration of post-racialism she notes that the present challenge to Critical Race Theory (CRT) is to preclude an “overinvestment in the symbolic significance” of post-racialism as a racial frame that disregards manifestations of racial inequality in its celebration of formal equality and a colorblindness that equates the articulation of racial concerns with an act of racism. Crenshaw convincingly demonstrates the fallacy of post-racialism and the simultaneous difficulty in dispelling it, given the contemporary racial fatigue and public desire to foreclose any discussions of race. To combat the Obama mania that Crenshaw notes sanctions all talk of racism as a racial grievance itself, Crenshaw urges CRT to develop a broader project “to remap the racial contours in the way that people see the world that we live in—then in so doing . . . create a new set of possibilities for racial-justice advocates.” Crenshaw urges that the “next turn in CRT should be decidedly interdisciplinary, intersectional and cross-institutional.” In this Commentary Article, I would like to suggest that the next turn in CRT also focus more deeply on comparative law.

Because the post-racialism racial frame casts a veil which hinders the ability to see racial disparities and understand them as connected to various forms of racial discrimination, what is needed is a mechanism for refocusing the U.S. racial lens. Comparative law can make a useful contribution in the effort to refocus the racial lens. A key insight from comparative law is its “potential for sharpening, deepening and expanding the lenses through which one perceives law,” because of its ability to “challenge entrenched categorizations and fundamental assumptions in one’s own and others’ legal cultures.” Indeed, anthropologists have long noted that we cannot fully see and appreciate our own “culture” until we have compared it to that of another. A number of CRT scholars and related LatCrit [Latino Critical Race Studies] scholars have started the project of incorporating a comparative law component into CRT and the associated endeavor of applying CRT to non-U.S. legal jurisdictions. What I am underscoring in this Article is the particular usefulness that comparative law presents for the specific project of combating the post-racialism racial frame. This is because contemporary U.S. CRT scholars can only set forth conjectures about the future long-term dangers of post-racial rhetoric (such as hindering the pursuit of racial equality by shutting down any discussion of race in favor of equating racial disparities with cultural deficiencies and socio-economic disadvantages). In contrast, a comparative consideration of another region in which a form of post-racialism has long existed provides the opportunity to examine the actual adverse consequences of post-racial rhetoric.

As a vehicle for illustrating the value of comparative law to the CRT project of dismantling the post-racialism racial frame, I shall provide a comparative analysis of an instructive Brazilian intersectionality case. Because Brazil is a country that has long claimed that all racial distinctions were abandoned with the abolition of slavery, it is an instructive platform from which to assess the viability of contemporary assertions of postracialism in the United States. Yet, as shall be discussed below, growing discrimination jurisprudence in Brazil shows the longstanding post-racial assertion to be false. To the extent that a century-old claim to a form of post-racialism in Brazil is shown to be a fallacy, the many parallels that exist between Brazil and the United States enable a salient critique of U.S. post-racialism. In particular, because of their objectified and denigrated status, examining the treatment of Black women as an intersectional matter, helps to demystify the barriers to productive transnational comparisons of racial ideologies between the United States and Latin America. In order to be concrete, I shall focus on a recent intersectional discrimination case that was litigated in Brazil. But before discussing the case, it will be helpful to first explain the contours of the “post-racial” Brazilian racial ideology.

II. BRAZILIAN “POST-RACIAL” RACIAL DISCOURSE

Like the United States, Brazil is a racially diverse nation with a significant number of persons of African descent stemming from the country’s history of slavery. Yet Brazil’s involvement in the African slave trade was even longer and more intense than that of the United States. This accounts for the fact that, aside from Nigeria, Brazil is the nation with the largest number of people of African descent in the world. After emancipation, Brazil continued to be a racially divided nation, but occasionally provided social mobility for a few light-skinned mixed-race individuals. This social mobility was directly tied to the racist nationbuilding concepts of branqueamento (whitening) and mestiçagem (racial mixing/miscegenation), which can best be described as campaigns to whiten the population through a combination of European immigration incentives and the encouraging of racial mixture in order to diminish over time the visible number of persons of African decent. Indeed, the social recognition of the racially-mixed racial identity of mulato/pardo was a mechanism for buffering the numerical minority of white-identified elite Brazilians from the discontent of the vast majority of persons of African descent. Greater symbolic social status and occasional economic privilege were accorded based on one’s light skin color and approximation of a European phenotype, which simultaneously denigrated Blackness and encouraged individuals to disassociate from their African ancestry. It should be noted that in terms of concrete economic benefits, few mulattoes radically superseded the status of those Afro-descendants viewed as “Black.” Rather, the recognition of mulattoes as racially distinctive from Blacks served primarily as a kind of “psychological wage” associated with the prestige of approximating whiteness without any significant groupwide monetary benefit for such status. As a result, Brazil was able to maintain a rigid racial hierarchy that served white supremacy in a demographically-patterned society where people of African descent approximated and sometimes even outnumbered the white elite. This is in marked contrast to the demographic pattern in the United States, where, with just a few exceptions, Blacks have always been a numerical minority and have thus been more vulnerable to the white majority’s enforcement of Jim Crow racial segregation after emancipation from slavery. In Brazil, with its greater population of people of African descent, the ideological use of the “mulatto escape hatch” was such an effective tool of racial subordination that Jim Crow legal segregation was never needed and all racial justice movements were efficiently hindered. But it was the absence of Jim Crow in Brazil that later enabled the nation to promote itself as a country in which racial mixture had created a racially harmonious society. In fact, until recently, it has been a firmly entrenched notion that Brazil was a model of race relations that could be described as a “racial democracy” exemplified by racial fluidity in its racial classification practices. Hence, post-racialism in Brazil, and much of Latin America is characterized by a negation that racism exists after the abolition of slavery. The denial of racism is justified by the racial mixture of the population which has presumably “transcended” racism. Existing racial disparities are instead attributed to the cultural deficiencies and socio-economic disadvantages of Afro-Brazilians. As a result, those who raise the issue of racial discrimination are viewed as racist themselves. These facets of Brazilian post-racialism closely parallel the rhetoric of post-racialism in the United States and the related fascination with racial mixture as emblematic of racial harmony…

Read the entire article here.

Intimate encounters, Racial Frontiers: Stateless GI babies in South Korea and the United States, 1953-1965

University of Minnesota
June 2010
239 pages

Bongsoo Park

A DISSERTATION SUBMITTED TO THE FACULTY OF THE GRADUATE SCHOOL OF THE UNIVERSITY OF MINNESOTA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY

This dissertation explores the policy implications of statelessness by examining G.I. babies, born of non-marital sexual relations between U.S. soldiers in South Korea and Korean women between 1953 and 1965. Using English and Korean language documents about adoption and immigration of stateless GI babies, my work shows that statelessness reveals a racially exclusionary vision of national belonging that shaped citizenship policies of both nations. The GI babies’ presence challenged the myth of racial purity and confounded racial categories in both nations. The dissertation seeks to elucidate some limits of Cold War racial liberalism informed by humanitarian concerns for abandoned Korean war orphans but helped maintain racially exclusionary strategies on citizenship conferral that made the children stateless.

Table of Contents

• Acknowledgements
• Introduction
• 1. Ties That Bind: Making of the Origin of Korean Race
• 2. Technologies of Imperial Rule: The Nationality Act of 1940 in the Age of American Expansionism
• 3. Pitied But Not Entitled: Redemptive Adoption and Limits of Cold War Liberalism
• 4. Making of a National Hero: Alchemy of Race, Blood, and Memory
• Epilogue
• Bibliography

Read the entire dissertation here.

Sigmund Feist and the End of the Idea of the Jews as a Mixed Race

Shpilman Institute for Photography
Blog
2011-12-04

Amos Morris Reich, Senior Lecturer of Jewish History
University of Haifa

Sigmnud Feist (1865-1943) is mostly remembered because of the orphanage for Jewish children that he directed in Berlin, as well as for his work in German linguistics. A collection of recently published letters written to him by 77 of his pupils during their service in the German military during the Great War has brought him back to public attention. But in 1925 he published a widely circulating book entitled Stammeskunde der Juden: Die jüdischen Stämme der Erde in alter und neuer Zeit. Historisch-anthropologisch Skizzen (A History of the Jewish Stock: ancient and modern Jewish tribes of the world. Historical-anthropological Sketches).

While “race” and “type” are central to Feist’s 1925 book on the Jews, in no place does he define them. Indeed, biological and, most notably, Mendelian principles are absent from his discussion. The chapters move from discussion of the Jews as a race in ancient times and the Jews in the Diaspora to a discussion of geographically ordered Jewries, including chapters on the Jews of Palestine, Near East, China, India, Ethiopia, North Africa, Spain, and Ashkenazy Jews, before turning to pseudo- and cryptic- Jews, and ending with a discussion of modern Jews as a race. The book’s structure, therefore, corroborates the argument concerning the heterogeneity of the Jews as geographically spread and as anthropologically diverse and the photographic appendix indicates similarity between Jews and their environments and Jewish anthropological variation…

….After providing historical evidence for mixture between non-Jews and Jews throughout history, his basic thesis throughout the book, Feist asked whether this process had already in ancient times aligned Jews with the peoples among whom they lived. This question, Feist wrote, is not easy to answer because of the scarcity of visual material (Bildmaterial). Feist’s assumption, therefore, was that the question was a visual one.

If we follow Feist’s argumentation here, we see the degree of internalization of widespread assumptions concerning the realistic status of photography with regard to race. Franz Boas, to whom he turns explicitly in his conclusion, ruled out on methodological grounds the ability to know what previous types looked like. Feist here argues differently. Because of the state of empirical evidence, according to Feist, the question pertains to the appearance of Jews in the medieval period. Instead of viewing medieval depictions as proof of the degree of Jewish mixture, Feist asserts that, as opposed to ancient Hittite, Assyrian, and Egyptian monuments, medieval Christian and Muslim chronicles and illustrated Bibles do not provide “truthful depictions of Jewish types” (naturgetreue jüdische Typen). He here mentions several medieval sources, in which, he claims, depicted Jews cannot be identified through their physiognomic features but only through social markers attached to them. While this, precisely, could corroborate his argument concerning Jewish mixture, Feist in fact chooses to rule out the realism of these images. While he does not say so explicitly, it is likely that the reason for this is that the depictions do not resemble the photographs of the old monuments of and the modern photographs of Jews. Based on the assumption that medieval images did not depict Jews realistically, Feist declares that only with early modern painting, specifically with Rembrandt, Rubens, and van Dijk, did representations of Jews regain an ancient realism; only here did the realistic character of Jewish faces and Jewish forms (jüdische Gestalten) reappear in art. The Jewish type, then, is constant – change was only the attribute of artistic representation…

Read the entire article here.

Washed in the Blood

Mercer University Press
October 2011
420 pages
Hardback ISBN: 9780881462579

Lisa Alther

This unique three-part novel assumes that, regardless of what Americans learn in school, the Southeast was not a barren wilderness when the English arrived at Jamestown. It was full of Native Americans, other Europeans, and Africans who were there for various reasons. Based on extensive research into the racial mixing that occurred in the early years of southeastern settlement, this provocative multi-generational story shows that these people did not simply vanish, but that many were absorbed into the new communities that gradually formed throughout the southeast, becoming “white” whenever their complexions allowed. The inability to accept their true heritages illustrates the high price many of these people paid for their way of life. Diego Martin arrives in 1567 in the American Southeast—the region the Spaniards call La Florida—as a hog drover with a Spanish exploring party. The leader of the expedition turns against him and abandons him to the wilderness, where friendly natives rescue him. Daniel Hunter, a Quaker from Philadelphia, sets up a school among these “disadvantaged” mountain people and falls in love with a Martin daughter. Later, Daniel’s descendants are living in the same town, though with little awareness of their ancestral past. The Martin family has split in two, the merchants in town denying any relationship to their racially mixed cousins on Mulatto Bald. A young woman from town, Galicia, falls in love with a young man from the bald, Will, not realizing that he is her cousin. They marry, have a daughter, and move to a new industrial center, becoming prominent citizens. When Will’s son from a teenage liaison appears at his door, he invites him in, unwittingly setting the stage for a forbidden love between his unacknowledged son and his cherished daughter, neither of whom realizes that they are half-siblings. This is a novel you will not be able to put down without wondering “Where will it take me next?”

Table of Contents

• Part I – The Swine King: A. D. 1567
  • 1-The San Jorge
  • 2 – Landfall
  • 3 – Santo Domingo
  • 4 – Santa Elena
  • 5 – Orista
  • 6 – Cofitachequi
  • 7 – Joara
  • 8 – Cauchi
  • 9 – Land of the Lost
  • 10 – The Cave
• Part II – The Squabble State
  • 1 – The Five-Chicken Baby: 1818
  • 2 – Couchtown: August 1837
  • 3 – The Shenandoah: October 1837
  • 4 – Mulatto Bald: October 1837
  • 5 – Baptism by Fire: November 1837
  • 6 – The Frost Moon: December 1837
  • 7 – Seedbeds: April 1838
  • 8 – Soldiers’Joy: June 1838
  • 9 – The Wilderness Road: July 1838
  • 10 – Squatters: October 1838
• Part III – Passing Fancy
  • 1 – The Ringer: August 1909
  • 2 – Leesville: October 1909
  • 3 – Palestine: February 1911
  • 4 – Hijacked Happiness: March 1911
  • 5 – Old Times There Are Not Forgotten: April 1911
  • 6 – Homecoming: December 1911
  • 7 – Mongrels: August 1913
  • 8 – A Roll of the Dice: November 1913
  • 9 – The Perils of Pauline: March 1914
  • 10 – Holston: May 1914
  • 11 – Half-Breeds: 1920
  • 12 – Home to Roost: 1927
  • 13 – Mountain Meadows: 1930
  • 14 – The Plantation Ball: 1930

One ‘Speck’ of Imperfection—Invisible blackness and the one-drop rule: An interdisciplinary approach to examining Plessy v. Ferguson and Jane Doe v. State of Louisiana

Indiana University
2008
371 pages
Publication Number: AAT 3315914
ISBN: 9780549675372

Erica Faye Cooper

Submitted to the faculty of the University Graduate School in partial fulfillment of the requirements for the degree Doctor of Philosophy

By 1920 virtually every state legislature had adopted “one-drop” laws. These laws were important because they served as the means for determining racial identity in the United States throughout the 20th century. In the past, scholars focus on either the social or legal history of the one-drop rule. Despite the exhaustive social and legal historical accounts, I argue that the “history” of the one-drop rule is incomplete without a rhetorical history. My findings suggest that a rhetorical history of the one-drop rule is vital because it explores how the doctrine emerged in legal and social discourse. In addition, a rhetorical history also uncovers the persuasive strategies used by rhetors to reinforce racist ideology.

In this dissertation, I found that the one-drop rule occupied a significant role in judicial rhetoric through the persuasive strategies of judicial actors—court justices and lawyers. I revealed that their language choices created a pseudo “racial” reality that was characterized by a rigid black-white racial binary. This “false” reality functioned persuasively to obscure the racial diversity that actually existed in the United States during specific moments in time. Using Critical Race Theory from legal studies and McGee’s notion of the “ideograph” from critical rhetorical theory, I examined the U.S. Supreme Court’s holding in Plessy v. Ferguson (1896) and the Court of Appeals’ holding in Jane Doe v. State of Louisiana (1985). My findings show that such terms as “white,” “black,” and the “one-drop rule” were used by lawyers and court justices in disputes involving racial identity and legal rights beginning in 1896. In both cases, the one-drop ideograph dominated discussions regarding who was “black” or “white.” Based on its ideographic relationship with the one-drop rule, “black” was defined to include mixed and unmixed blacks as well as whites. Within this ideographic analysis, I describe how the notion of invisible blackness was rhetorically constructed from the language used by the court. The one-drop rule continues to influence legislation and social attitudes.

Table of Contents

• Chapter 1
  • Introduction to Problem
  • Justifying for Research and Statement of Purpose
  • Research Questions, Methods, and Overview
    • Methods: Case Analysis
    • Preview of Chapters
• Chapter 2
  • Socio-Cultural history
  • Definition of the one-drop rule
    • Rationales for why the one-drop rule emerge
    • The One-Drop Rule Today
    • Summary
  • Legal History
    • Emergence of the Color Line in the law
    • Summary
  • Prior Analyses of the Plessy and Phipps decisions
  • Conclusion
• Chapter 3
  • The Coming
    • Social Context: Racial Identity in Post-Bellum Louisiana
    • Legal Context
    • Introduction to Plessy
    • Summary
  • The ideographs
    • Plessy and Ferguson Briefs
    • Supreme Court Response
  • Rhetorical Implications
• Chapter 4
  • The Coming
    • Socio-Cultural Context
    • Summary of the Socio-Legal Context
    • Who is Suzy Phipps?
  • The ideographs
    • Phipps Briefs
    • The Judicial Responses
    • Summary
  • Rhetorical Implications
• Chapter 5
  • Summary and Findings
  • Implications
  • Conclusions
• Cases and Legislative Acts
• References
• Vitae

INTRODUCTION TO THE INVISIBLITY OF BLACKNESS: THE ONE DROP RULE AS A RHETORICAL CONSTRUCT

In the 1990s, a popular figure, Tiger Woods, attempted to claim an intermediate racial status by embracing his mixed race lineage. Woods, whose mother is Thai and whose father is Native American, African American, Caucasian, and Chinese, publicly refused the label of black. Woods created the term, “Cablinasian” to reflect his Caucasian, Native American, black, and Asian ancestry. Although many supported his attempts to embrace a multi-racial heritage, the doctrine known as the “one-drop-rule” shaped public opinion on the subject of his racial identity. The one-drop rule, also known as the rule of hypo-descent, recognizes a person as “black” if she possesses any trace of African ancestry.

After winning a Master’s Tournament, fellow golfer Fuzzy Zoeller’s responses to Tiger Woods reflected one-drop reasoning and racist thinking. Zoeller stated, “he hoped that Woods would not request that dinner consist of ‘fried chicken and black-eye peas’.” Zoeller assumes that because Woods’s father is partly “black” Woods must also be black. In this one-drop argument, the presence of other “blood lines” is irrelevant. Zoeller’s statement also supported a stereotype of black people, suggesting that all members of a group behavior the same. The stereotype is also racist because of the image of blacks eating fried chicken and/or watermelon supported white supremacist beliefs.3 Despite Woods’ attempt to embrace his ethnic and racially diverse heritage, some people continued to define him as black. In essence, this example illustrates how the doctrine known as the “one-drop rule” shapes contemporary public thought on matters involving race.

Although the one-drop rule has been studied by scholars in various disciplines, none have focused on how the one-drop rule operates rhetorically. Instead, scholars have traced its history or commented on how it influenced the formation of racial identity in the United States. In this dissertation, I offer a different perspective to understanding the significance of the one-drop rule by analyzing how this doctrine operates rhetorically in legal discourse. Through a rhetorical history of the doctrine I show how the one-drop rule becomes legally sanctioned through rhetorical commitments of court justices. I argue that one-drop reasoning serves as a persuasive strategy, used by court justices, operating as rhetors, in 1896 and 1985, to promote a commitment to racism.

Using, McGee’s theory of the ideograph, from Critical Rhetorical Theory, and Critical Race Theory, from legal studies, I reveal how race (Negro, mixed race, and white) is an integral component of legal discourse. Through this analysis I explore the relationship between racial identity, rhetoric, and power in legal discourse. The manner in which race is rhetorically defined in legal discourse highlights the racist nature of traditional legal theory and contributes to a racial hierarchy that is enforced through the law. Taking a critical rhetorical and legal approach, I believe, provides useful information to the on-going discussion of racial identity and the one-drop rule in rhetorical and legal studies…

Purchase the dissertation here.

Sewing Ourselves Together: Clothing, Decorative Arts and the Expression of Métis and Half Breed Identity

University of Manitoba
2004
450 pages

Sherry Farrell Racette, Professor of Native Studies and Women’s and Gender Studies
University of Manitoba

A Dissertation submitted to the Faculty of Graduate Studies in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy

When I was a university student, I worked at a summer education program in The Pas in northern Manitoba. There I met three women from the Manitoba Métis Federation who had obtained a grant to teach people who worked with their children. Tired of requests to come into classrooms to teach children beadwork, they had decided that the best use of their time and skills was to “teach the teachers” with the expectation that beadwork would be incorporated into the curriculum. The women seemed to take special care that I learned what they had to teach. Maybe it was because I was the only aboriginal woman in the workshop; maybe it was because I was interested. Kathleen Delaronde, a traditional artist of the highest caliber, was one of those women. I got to know her and her family and during another northern summer, I stayed at their home and learned at her kitchen table. Nobody in my family did beadwork but I felt an immediate connection with beads and leather.

Although beadwork and traditional arts were new to me, sewing clothes and making decorative objects for the home were not. Both my parents had been poor as children and took tremendous pleasure in dressing well. My grandmother always dressed up to go to town, and tortured my uncles by dressing them in little matching suits and hats. One summer while we were visiting my grandmother in Quebec, she sat me down at her treadle sewing machine and helped me sew a dress for my doll. At home I started sewing by helping my mother who was always making something. My job was to rip her mistakes while she forged ahead and to do hand sewing which she still loathes. In addition to what she had learned from my grandmother, my mother had taken a tailoring course that was offered by the Singer sewing machine company, and she sent me off to take a similar course when I was a teenager. Now she helps me when I embark on projects that involve sewing. For an art exhibit, Dolls for Big Girls, I merged what I knew about Métis and First Nations history and traditional arts and clothing. While I made little moccasins, my mother dressed the old woman for a piece entitled Flight based on her memories of clothing worn by my great-grandmother, Annie Poison King.

When I began my journey into traditional arts, my mother brought me a birch bark basket that belonged to my grandmother, Helen King Hanbury. Disappointed that, in a fit of creativity, my grandmother had painted it with green boat paint, I put the basket aside. I didn’t open it until shortly after my grandmother died. One day I found myself sitting on the edge of my bed with the basket in my lap. When I took off the lid, I found moccasin patterns, a piece of embroidery, assorted odds and ends, and a handmade needle case with a simple flower embroidered on the cover. I realized that I had unknowingly picked up a needle to an aesthetic tradition that my grandmother had put down. Since that time I have taken opportunities to learn from elder artists, such as the late Margaret McAuley of Cumberland House, and struggled on by myself. I have also thought a great deal about what it means when we wrap ourselves up and present ourselves to the world in a certain way and what it means when we stop. This study is an extension of the journey that began when Kathleen Delaronde helped me pick up the needle. It has been done with the greatest respect for the women who have taught me and the artists from long ago, who I am sure have been standing beside me guiding my research.

TABLE OF CONTENTS

• PREFACE: Picking Up the Needle
  • Acknowledgements
  • Glossary
  • Abbreviations
• CHAPTER ONE: Métis and Half Breed Clothing and Decorative Arts
• CHAPTER TWO: Métis, Half Breed and Mixed Blood: Identifying Self and Group
• CHAPTER THREE: The Métis Space of New Possibilities: Elements of Hybrid Style
• CHAPTER FOUR: “After the Half Breed Fashion”: Reconstructing 19th Century Métis and Half Breed Dress
• CHAPTER FIVE: Tent Pegs: Material Evidence
• CHAPTER SIX: Spirit and Function: Symbolic Aspects of Occupational Dress
• CHAPTER SEVEN: Clothing in Action: the Expressive Properties Of Dress
• CHAPTER EIGHT: Sewing for a Living: the Commodification of Women’s Artistic Production
• CHAPTER NINE: Artists, Making and Meaning
• CHAPTER TEN: Half Breed, but not Métis: Lakota and Dakota Mixed Bloods
• CHAPTER ELEVEN: Final Thoughts and Conclusions
  • Sewing Ourselves Together
• BIBLIOGRAPHY
• PLATE GALLERY

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Mixed-Race Identity in a Nineteenth-Century Family: The Schoolcrafts of Sault Ste. Marie, 1824-27

Michigan Historical Review
Volume 25, Number 1 (Spring, 1999)
pages 1-23

Jeremy Mumford, Visiting Assistant Professor of History
Brown University

In the autumn of 1824 the Schoolcraft family set out from Sault Ste. Marie, at the mouth of Lake Superior in northern Michigan Territory, to visit New York City. For Jane, who had seldom left the remote village where she was born, this was her first visit. It was the first time Henry had returned to his home state since his appointment as federal Indian Agent in Sault Ste. Marie in 1822 and his marriage a year later. And everything was new, of course, for their son Willy who was only four months old.

The Schoolcrafts were apprehensive about the reception they would meet in the metropolis. Jane was the daughter of Oshauguscodaywayqua, a Chippewa woman from an influential lakeshore family, and John Johnston, an Irish gentleman and fur trader. In the language of her time, both Jane and her child were half-breeds.  To her relief, Jane and Willy received only friendly attention on this visit. When Henry left to do some business in Washington, some friends, Mr. and Mrs. Conant, invited Jane to leave her lodging house and stay with them. She wrote to Henry of repeated visits, interesting conversation, and “marked kindness” from many acquaintances.  The strongest impression the Schoolcrafts took away from their visit was of kindly interest in Jane and Willy, who were received as “another Pocahontas” and her “bright American boy.”

In making a family excursion to the great eastern city, the Schoolcrafts signaled ambitions within a wider arena beyond their village. One purpose of the visit was to discuss a book of Indian oratory on which Henry intended to collaborate with Samuel Conant and in which Jane may have been involved. The other was to improve Henry’s political contacts in Washington. Henry was ambitious for both literary and political fame, as well as for the prospects of his first child, William Henry Schoolcraft, the bright American boy.

For both parents, their sojourn in the East prompted reflection on their responsibilities and their future. Sick in bed, Jane wrote from New York to Henry in Washington that she was unused to being separated from him and missed him. He wrote to her of his prayer that their “sweet, interesting little boy [would] be permitted to grow up to man’s estate, and that his mother may be spared to nurture him up.” He mused: “What an interesting chain of thought is connected with the idea of a home, and a wife, and a child.”

Inevitably, this chain of thought had to take account of the meaning of Jane’s and Willy’s mixed race. The Schoolcrafts were starting their family in the shadow of a very different model of family-building: what was called in the upper Great Lakes la facon du pays or “the custom of the country.” Traditionally, white men lived with and had children by Indian or mixed-blood women, only to leave their families behind when they returned east, entrusting them to other men’s protection or abandoning them altogether. Jane’s parents were unusual in the permanence of their relationship, but even they did not formalize their marriage until she was twenty.  In visiting the East together as a family, Jane and Henry (who were properly married by a visiting clergyman) broke the custom of the country and expressed their determination to start a family that was just as legitimate in New York as it was in Sault Ste. Marie.

They were opposing not only the custom of the country but also the direction of educated opinion. Jane’s and her children’s mixed ethnicity, while not uncommon, was a subject of increasing distrust. When Jane was three years old, President Jefferson predicted that white and Indian people would “blend together, … intermix, and become one people.” But during her lifetime Americans moved toward a harsher theory of racial boundaries. By the 1840s some scientists argued that a mixed-race person was a “hybrid” of biologically separate species, “a degenerate, unnatural offspring, doomed by nature to work out its own destruction.” During the years of Henry’s and Jane’s marriage, mixed-race families became ever more suspect.

To build a secure foundation for their family, the Schoolcrafts used whatever resources they could find. They looked hopefully to Jane’s Chippewa connections, which promised substantial support. Her dowry of 2,000 pounds (about $10,000) came from her parents’ business in Chippewa furs. She and Henry stood to enlarge it through gifts of land made by the tribe to Jane and Willy as mixed-blood Chippewa. Jane also contributed to her family’s fortunes in another way: by teaching Henry about Chippewa culture and folktales, she laid the foundation for Henry’s later fame as an writer about Indians.

This essay will trace two attempts the Schoolcrafts made, in the first years of their marriage, to turn Jane’s Chippewa inheritance into a family asset. These attempts were quite different, one in the realm of literature, the other in real estate. In each case, however, the nature of the inheritance made its use problematic. For Jane, her connection to the Chippewa culture she recorded undermined her position as a genteel woman of letters. For Willy, his connection to the Chippewa lands he stood to receive undermined his future as a citizen and a man of property. For the Schoolcrafts, mother and son, Indian legacies had apparent advantages but hidden liabilities. To follow them is to begin to unravel the question of race, and of mixed-race identity, in one American family…

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