Fathers of Conscience: Mixed-Race Inheritance in the Antebellum South (Book Review)

Posted in Articles, Book/Video Reviews, History, Law, New Media, Slavery, United States on 2010-02-03 22:50Z by Steven

Fathers of Conscience: Mixed-Race Inheritance in the Antebellum South (Book Review)

Civil War Book Review
Louisiana State University Special Collections

Kelly Kennington, 2009-2010 Law & Society Postdoctoral Fellow
Institute for Legal Studies
University of Wisconsin Law School

Jones, Bernie D. Fathers of Conscience: Mixed-Race Inheritance in the Antebellum South, University of Georgia Press. 216 pages. 2009.

Fathers of Conscience, Bernie D. Jones, Assistant Professor of Legal Studies at the University of Massachusetts-Amherst, examines southern state appellate court decisions concerning the wills of white slaveholders who left property to their mixed-race children. As numerous scholars have demonstrated, white slaveholders often engaged in sexual relationships with enslaved women. Southern communities typically accepted this behavior, as long as it remained hidden. But problems arose when white men chose to recognize the children of interracial unions and grant them freedom and property, particularly when these grants came at the expense of white relatives. In the latest contribution to the Studies in the Legal History of the South series, Jones argues that contests over wills forced southern judges to weigh the right of white slaveholders to dispose of their property as they wished against community concerns about the growing free black population and the threat it posed to the institution of slavery.

The first two chapters of Fathers of Conscience describe the types of cases that resulted throughout the antebellum South when potential white heirs challenged the validity of a slaveholder’s will, focusing especially on the language southern jurists used in their decisions. The first chapter argues that judges had “a limited set of tropes from which to choose” in deciding cases involving mixed-race inheritance, so they primarily described white testators in three ways: as “righteous fathers” who took responsibility for their mixed-race children; as “vulnerable old men” who were under the control of their enslaved black sexual partners; and as “degraded creatures” who garnered the disgust of southern jurists (42). In the second chapter, Jones describes judges whose language focused not on categorizing white men but on the consequences of these wills for southern society. Judges in these instances rebuffed white men’s efforts to free their enslaved children because jurists recognized the dangers of expanding the population of free people of color. In doing so, Jones argues that judges were “hiding behind the formal laws of slavery” when they cited statutes to deny the validity of wills (57)…

Read the entire review here.

Tags: , ,

Tiger Woods Is Not the End of History: or, Why Sex across the Color Line Won’t Save Us All

Posted in Articles, History, Media Archive, Social Science, United States on 2010-02-02 19:08Z by Steven

Tiger Woods Is Not the End of History: or, Why Sex across the Color Line Won’t Save Us All

The American Historical Review
Volume 108, Number 5
December 2003

Henry Yu, Professor of History
University of California, Los Angeles

In December 1996, several months after Tiger Woods left Stanford University to become a professional golfer, a Sports Illustrated story entitled “The Chosen One” quoted Tiger’s father, Earl, claiming that his son was “qualified through his ethnicity” to “do more than any other man in history to change the course of humanity.” Tiger’s mother, Kultida, agreed, asserting that, because Tiger had “Thai, African, Chinese, American Indian and European blood,” he could “hold everyone together. He is the Universal Child.” The story’s author concluded that, “when we swallow Tiger Woods, the yellow-black-red-white man, we swallow … hope in the American experiment, in the pell-mell jumbling of genes. We swallow the belief that the face of the future is not necessarily a bitter or bewildered face; that it might even, one day, be something like Tiger Woods’ face.” Building on the interest in Tiger Woods, stories about mixed-race children and intermarriage proliferated. In January 2000, both Newsweek and Time opened the millennium with cover art speculating on the multi-racial faces of America’s future. 

The celebration of Tiger Woods’ mixed descent and his widespread popularity would seem to support David Hollinger‘s argument that the history of the United States has been a successful (albeit episodic) history of “amalgamation” overcoming group differences. With Woods as a prominent example, we might even be “crazy enough to believe” the idea that eventually “racism can be ended by wholesale intermarriage,” as Hollinger hints in his concluding paragraph.  However, I would argue that focusing on “intermarriage” and “race-mixing” should bring us to a different conclusion about U.S. history, and Woods might serve as a useful prism for separating out some other important aspects of the encounter of the United States with Asia and the Pacific…

Read the entire article here.

Tags: , , , , ,

The Politics of Biracialism [Issue]

Posted in Articles, Barack Obama, Census/Demographics, Communications/Media Studies, History, Identity Development/Psychology, Media Archive, Social Science on 2010-02-01 18:54Z by Steven

The Politics of Biracialism [Issue]

The Black Scholar
Journal of Black Studies and Research
Fall 2009 (2009-09-22)
Volume 39, No. 3/4

Guest Editors:

Laura Chrisman, Professor of English
University of Washington

Habiba Ibrahim, Assistant Professor of English
University of Washington

Ralina Joseph, Assistant Professor of Communications
University of Washington

Why a biracial issue, and why now? As black Americans we have mixed ancestry; one might ask what is gained by giving this obvious fact the attention of a special issue. Rather than focus on this broad history, however, we instead highlight here the situations of first-generation biracial black people. Perhaps this does not simplify matters. Foregrounding their specific experiences, identities, and concerns may stir up the anger of those who feel judged “not black enough” and the anger of those who feel betrayed and devalued by self-identifying biracial individuals. The politics of biracialism, seen this way, are individualistic, diminishing our community’s cohesion. Yet we feel that the time is right for an exploration of the topic. Biracial or multiracial studies is fast-growing and itself extremely varied in its methods, disciplines, and orientation. Acknowledging the important and interesting work that has been produced in the last two decades, we provide a forum for such work. Another factor in our choice of topic is the emergence, in 2008, of Obama as a presidential candidate. Both his blackness and his first generation biracialism have prompted new consideration, within black communities and within the U.S. population as a whole, of the operations and meanings of race, nation, family and community within the U.S.A. This gives us additional incentive to explore biracialism in the present moment. Our moment differs from the fraught late 1990s when the multiracial social movement campaigned for recognition in the 2000 Census, and was opposed by influential black voices. The present adds some confidence and optimism: to profile biracialism now, we suggest, is not to jeopardize black collectivity so much as it is to recognize and join the healthy debates that are flourishing within and beyond black studies…

Table of Contents

Tags: , , , , , , , , , , , , , , , , , , , , , , ,

History 270: Topics In American History – Mixed Race Identity in American Culture

Posted in Census/Demographics, Course Offerings, History, New Media, Passing, United States on 2010-02-01 17:48Z by Steven

History 270: Topics In American History – Mixed Race Identity in American Culture

Spring 2010

Greg Carter, Assistant Professor of History
University of Wisconsin, Milwaukee

Through most of the United States’ history, laws have been in place to prevent interracial intimacy and the production of mixed-race offspring, and the Tragic Mulatto figure, victim of confusion and isolation, has remained in the popular imaginary since the nineteenth century, reappearing in novels, movies, and even social science writing that addresses the challenges of multicultural societies. At the same time, writers have equated American identity with the creation of new, hybrid men since Hector St. John de Crèvecoeur asked “What then is the American, this new man?” in 1782. While less prevalent than ideas that disparage racial mixing, fascination with it has always gone hand in hand with ideas of citizenship, American identity, and progress. Why has there been a combination of appeal with mixed-race Americans along with an antipathy towards them as “half-breeds,” “intermediary,” or marginal”? Have stereotypes of them altered through the past two hundred years? Do they reflect how mixed-race people identify themselves? Lastly, how have these issues changed in the decades since the Supreme Court invalidated anti-miscegenation laws in 1967? This course aims to answer these questions through a variety of interdisciplinary sources. We will be reading fiction, essays, newspaper articles, and texts from the behavioral and social sciences that address a number of topics, including: the one-drop rule, abolition, assimilation, racial passing, the proposed “Multiracial” category for the Census, and representations in popular culture…

Read the entire syllabus here.

Tags: , , ,

The Color of Testamentary Freedom

Posted in Articles, History, Law, Media Archive, United States on 2010-02-01 02:37Z by Steven

The Color of Testamentary Freedom

Southern Methodist University Law Review
Volume 62
p. 1783
2009

Kevin Noble Maillard, Associate Professor of Law
Syracuse University

Wills that prioritize the interests of nontraditional families over collateral heirs test courts’ dedication to observing the posthumous wishes of testators. Collateral heirs who object to will provisions that redraw the contours of “family” are likely to profit from the incompatibility of testamentary freedom and social deviance. Thus, the interests of married, white adults may claim priority over nonwhite, unmarried others. Wills that acknowledge the existence of moral or social transgressions—namely, interracial sex and reproduction—incite will contests by collateral heirs who leverage their status as white and legitimate in order to defeat testamentary intent.

This Article turns to antebellum and postwar will contests between disinherited white heirs and mixed-race devisees to question the role of courts in defining “family” and the expectancy of collaterals to uphold this limitation. While other studies have separately examined the myth of testamentary freedom and argued for the legitimacy of diverse families, scholars have paid less attention to the color of inheritance. Drawing on Cheryl Harris’s groundbreaking work on property and racial expectation interests, this Article illustrates the centrality of whiteness in the validation of testamentary transfers. At the same time, it questions the legal resistance to nontraditional families, which substantially weakens the aspirational theory of donative freedom—the cornerstone of Trusts & Estates. Through the intersection of wills law and family law, this Article initiates a critical inquiry of the influence of race in testamentary transfers.

Read the entire article here.

Tags: , , , ,

Slaves in the Family: Testamentary Freedom and Interracial Deviance

Posted in Articles, History, Law, Media Archive, Slavery, United States on 2010-02-01 02:13Z by Steven

Slaves in the Family: Testamentary Freedom and Interracial Deviance

2008
50 pages

Kevin Noble Maillard, Associate Professor of Law
Syracuse University

This Article addresses the deviance of interracial sexuality acknowledged in testamentary documents. The language of wills calls into question the authority of probate and family law by forcing issues of deviance into the public realm. Will dramas, settled in or out of court, publicly unearth insecurities about family. Many objections to the stated intent of the testator generate from social prejudices toward certain kinds of interpersonal relationships: nonmarital, homosexual, and/or interracial. When pitted against an issue of a moral or social transgression, testamentary intent often fails. In order for these attacks on testamentary validity to succeed, they must be situated within an existing juridical framework that supports and adheres to the hegemony of denial that refuses to legitimate the wishes of the testator. Disinherited white relatives of white testators regularly challenged wills disposing a majority of an estate to paramours and children of African descent. In the nineteenth century, testators who eschewed traditional devises to spouses, relatives, and institutions in favor of mistresses, slaves, or both often incited will contests of testamentary incapacity, undue influence, or fraud. This Article is a case study of In Re Remley, an antebellum will contest between disinherited white collateral heirs and the intended black and mulatto devisees. It retains timeless value in its demonstration of the incompatibility of testamentary freedom and social deviance. I conclude that subjective conceptions of kinship, in particular those unpopular relationships that defy social norms, prevent the idea of testamentary freedom from reaching diverse articulations of family.

Read the entire article here.

Tags: , ,

Africans in Colonial Mexico: Absolutism, Christianity, and Afro-Creole Consciousness, 1570-1640

Posted in Africa, Books, Caribbean/Latin America, History, Law, Media Archive, Mexico, Monographs, Religion on 2010-02-01 01:14Z by Steven

Africans in Colonial Mexico: Absolutism, Christianity, and Afro-Creole Consciousness, 1570-1640

Indiana University Press
2005-02-02
288 pages
1 bibliog., 1 index, 6.125 x 9.25
Paper ISBN-13: 978-0-253-21775-2; ISBN: 0-253-21775-X

Herman L. Bennett, Professor of Latin American History
City Univerisity of New York

The African community in colonial Mexico under Spanish and Catholic rule.

In this study of the largest population of free and slave Africans in the New World, Herman L. Bennett has uncovered much new information about the lives of slave and free blacks, the ways that their lives were regulated by the government and the Church, the impact upon them of the Inquisition, their legal status in marriage, and their rights and obligations as Christian subjects.

Table of Contents

Acknowledgments
Introduction: Africans, Absolutism, and Archives
1. Soiled Gods and the Formation of a Slave Society
2. “The Grand Remedy”: Africans and Christian Conjugality
3. Policing Christians: Persons of African Descent before the Inquisition and Ecclesiastical Courts
4. Christian matrimony and the Boundaries of African Self-Fashioning
5. Between Property and Person: Jurisdictional Conflicts over Marriage
6. Creoles and Christian Narratives
Postscript
Glossary
Notes
Selected Bibliography
Index

Tags: , , , , , ,

Africanastudies: YouTube Channel

Posted in Anthropology, Arts, Caribbean/Latin America, History, Identity Development/Psychology, Media Archive, Mexico, Social Science, United States, Videos on 2010-01-29 04:14Z by Steven

Africanastudies: YouTube Channel

First Documentary Posted: 2008-03-27

Marco Polo Hernández Cuevas, Asssociate Professor of Spanish
North Carolina Central University

Reconstructs the involuntary planetary dispersion of African populations, with their millenary cultural capitals, between the 15th and 19th centuries; and analyses the africanization of the places of arrival through their ethnic contributions.

Reconstruye la dispersión planetaria involuntaria de poblaciones africanas, con sus capitales culturales milenarios, entre los siglos XV y XIX; y analiza la africanización, mediante sus aportaciones étnicas, de los lugares de llegada.

View all of the documentaries here.
Also visit the blog here.

Tags: , , , ,

Africa in Mexico: A Repudiated Heritage/África en México: una herencia repudiada

Posted in Africa, Anthropology, Books, Caribbean/Latin America, History, Media Archive, Mexico, Monographs, Social Science on 2010-01-28 20:51Z by Steven

Africa in Mexico: A Repudiated Heritage/África en México: una herencia repudiada

Edwin Mellen Press
2007
140 pages
ISBN10: 0-7734-5216-8; ISBN13: 978-0-7734-5216-9

Marco Polo Hernández Cuevas, Asssociate Professor of Spanish
North Carolina Central University

This study explores the African presence in Mexico and the impact it has had on the development of Mexican national identity over the past centuries. By analyzing Mexican miscegenation from a perspective identified as mestizaje positivo (positive miscegenation) where an equality exists among all ethnic heritages are equal forming the glue that binds together the new ethnicity, it reveals that Mexico’s African heritage is alive and well. In the end, the author calls for further examinations into the damage caused to the majority of the Mexican population by a Eurocentric mentality that marks them as inferior.

Tags: , , , , , , ,

The Africanization of Mexico from the Sixteenth Century to the Present

Posted in Africa, Anthropology, Arts, Books, Caribbean/Latin America, History, Media Archive, Mexico, Monographs on 2010-01-28 20:00Z by Steven

The Africanization of Mexico from the Sixteenth Century to the Present

Edwin Mellen Press
2010
212 pages
ISBN10: 0-7734-3781-9; ISBN13: 978-0-7734-3781-4

Marco Polo Hernández Cuevas, Asssociate Professor of Spanish
North Carolina Central University

This work is an Afrocentric analysis that subscribes to the notion that there is one human race of multiple ethnicities. It acknowledges Mexico’s African, Amerindian (herein after called First Nations), Asian, and European ethnic heritages. Contrary to the African-disappearance-by-miscegenation-hypothesis-turned-ideology, it introduces the theory of the widespread Africanization of Mexico from the sixteenth century onward.

Table of Contents

Acknowledgements
Foreword by Álvaro Ochoa Serrano
Introduction
1. African National Names as Denigrating, Obscene and Scatological Language in Mexican Spanish
2. The Colors of Mexican Racism
3. The Africans and Afrodescendants who Constructed Veracruz and the Jarocho Ethos 1521-1778
4. The African Sahelo-Sudanic Belt in the Birth of Mexican Vaqueros and Vaquero Culture in the Veracruz Lowlands
5. Tracing the Afro-Mexican Path: 1813-1910
6. Mexican Food is Soul Food: A Medicine for National Amnesia
7. The Africanness of Mexican Traditional Medicine
8. Memín Pinguín, Hermelinda Linda and Andanzas de Aniceto: The Dark Side of “Light-Reading”
Conclusions
Bibliography
Index

Tags: , , , , , ,