Anti-Miscegenation Movement

Posted in Articles, Law, Louisiana, Media Archive, Mississippi, United States on 2013-01-29 05:02Z by Steven

Anti-Miscegenation Movement

Columbus Enquirer-Sun
Columbus, Georgia
1886-09-24
page 5, column 3

Source: Digital Library of Georgia

Organization In Louisiana to Prevent the Intermarriage of Whites and Blacks

New Orleans. September 20.—A practical movement has been inaugurated in Bossier parish, in this state, for the abolition of miscegenation. There have been during the past year or so several spasmodic efforts in this direction, both in Louisiana and Mississippi. Self-constituted vigilance committees have warned white men with negro wives and mistresses to leave them and lead a regular life, and when this failed have ridden through the parish, severely whipping both men and women who disobeyed this order.  In Mississippi there were several arrests, convictions and sentences for violation of the law prohibiting intermarriages between the races, and in Louisiana one man was severely cut in a scrimmage arising from this movement. But these anti-miscegenation raids were spasmodic, the freaks of a few wild young men. The present movement is more serious and more general, and is a thorough and practical organization, like that of the prohibitionist, to break up miscegenation.

The first meeting was held in Bossier parish in July, whore the subject was generally discussed, and adjourned over to this month to find the drift of public opinion. It was found that public sentiment among the whites was well nigh unanimous on the subject. The recent meeting held at Cottage Grove, in the upper portion of Bossier parish, was the result. There was no secrecy or mystery about it. It was an open mass meeting, in which all the people of the neighborhood—farmers, clergymen and others—assembled. The meeting was opened with prayer and presided over by a clergyman. The resolutions were of the strongest character. Those guilty of miscegenation were threatened with social boycott, and warned that they were insulting the race feelings and moral principles of the community. But the gist of the meeting was the appointment of a vigilance committee of nineteen to serve notices on these white men living with negro women—the vigilants were not instructed as to what they should if this warning is unheeded—and the appointment of another committee to assist in the organization of anti-miscegenation societies in other parishes in the state.

This plan of operation is warmly supported by the press. The Bossier Banner declares that race purity must be preserved at all hazards, the line must be sharply and distinctly drawn, and those who cross it must pay the penalty. The Robeline Reporter of Natchitoches, edited by the father of the present attorney-general of the state, approves the idea.

As this sentiment prevails in most of the neighboring parishes, it is thought that the present organization, by giving a start to the anti-miscegenation sentiment, which in this part of the state is now stronger than the anti-liquor sentiment, it will spread through north Louisiana if not into the neighboring states of Mississippi, Texas and Arkansas. There is no law in Louisiana against the intermarriage or cohabitation of f[r]aces, this prohibition, which was strongly urged by many persons, being voted down in the late constitutional convention, but miscegenation is growing rarer every day, in deference to the strong public sentiment on this point.

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A Race Question: A Negro Man With a White Wife—Some Nice Points of Law—Indians Have Greater Nuptial Privileges.

Posted in Articles, Law, Media Archive, United States on 2013-01-28 22:36Z by Steven

A Race Question: A Negro Man With a White Wife—Some Nice Points of Law—Indians Have Greater Nuptial Privileges.

Columbus Enquirer-Sun
Columbus, Georgia
Saturday, 1886-11-20
page 8, columns 3-4

Source: Digital Library of Georgia

A very interesting case, both as to the facts and the nice legal points involved, was tried this week at the circuit court in Seale [Alabama].  A negro man was on trial, charged with living in adultery with an alleged white woman.  The prisoner had been living with the woman as his wife for quite a number of years, and had begotten by her a family of children.  As the parties were seated within the bar of the court, they formed an interesting group. The man was as black as midnight, and in appearance, showed prominently every characteristic of the African make up. The woman, on the other hand, was white of skin and had in every liniament of her features the Caucassian cast of countenance. Their two boys, aged respectively about 8 and 10, sat between the black father on the one side and the white mother on the the other, and were of a yellow or copper color.

The defense was based on the position that the woman, although white to all appearances, was yet of mixed blood. The state conceded that if the woman was of such mixed blood, as in contemplation of law, she would be deemed a negro; that then the man could not be found guilty. But the state insisted that if the woman was in fact, or in law, a white woman, that then her marriage with the defendant was unlawful and invalid, and the living together being admitted, the man would be guilty as charged.  So the case tuned on the point whether the woman was of white or mixed blood.

On this point the woman herself testified that as far back as could remember she was living with negroes; that she had never seen either of her parents, but that her mother was a white woman, and she had been told that her father was a bright mulatto or part Indian.

No other positive testimony was introduced. The state asked the court to charge the jury that if they believed the woman’s testimony that then they must find the prisoner guilty, and argued in support of the request that the woman having been shown to be of white maternity, that by legal presumption she herself ws white until the contrary was shown, or until she was shown to be of negro paternity; that this legal presumption put the burden of proof upon the defendant, which burden was not lifted by her vague and hearsay testimony as to the mixed blood of her father. The court charged as requested.

The defense insisted that testimony about one’s own nativity, such as age, place of birth, parentage, etc., was, in the absence of better testimony, a matter of common report, and as the woman had testified that she had been told that her father was of mixed blood or part Indian, that her testimony on that point should have its due weight, and ashed the court to charge that, looking at the whole testimony, if the jury had a reasonable doubt us to whether the woman was of white or mixed blood, that then they must acquit.

The court again charged as requested.

It cropped out incidentally in the discussion that although it is unlawful for whites and negroes to intermarry, yet one of aboriginal blood may marry either white or black according to his own supreme election and not be subject to any legal penalty. So that, if one is arraigned on a charge of miscegenation, they have only to induce the belief that they are of Indian origin and thereby escape the clutches of the law. There are some curious things in municipal as well as natural law. In this case the verdict was not guilty.

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