Mixed Race Studies

Real Americans [Book Review]

The Virginia Quarterly Review
Spring 2009
pages 206-210

Oscar Villalon

What Blood Won’t Tell: A History of Race on Trial in America, by Ariela J. Gross. Harvard University Press, October 2008.

As a child, there were the Americans, and then there was us.

Americans weren’t that plentiful in my grandmother’s neighborhood. The next-door neighbor to the right, he was an American. He was an older man, and he had a big grey dog chained up in his backyard. On New Year’s Eve, two of his sons got into an argument, so one of them went into a room and came back with a pistol and shot his brother dead, right there in the hallway. My grandmother’s other neighbors, two doors down, used to shoot off guns all the time too. They weren’t Americans. My uncle was roller-skating up and down the street once, when a car pulled up in front of the neighbor’s home. Just as my uncle skated by the car, the rear window lowered, and a shotgun slid out. He screamed. The window sucked back the shotgun and the car tore off. The guys in the car weren’t American, either…

Much wrangling—legal and intellectual—has gone into delineating which Americans are really Americans and which are not fully Americans: black, Indian, Latino, or Asian. How that was reckoned in our country’s history is at the heart of Ariela J. Gross’s book, What Blood Won’t Tell: A History of Race on Trial in America. A professor of law and history at the University of Southern California, Gross examines various court transcripts and federal rulings, stretching back to the years just before the Civil War and going well into the twentieth century, to make sense of how Americans—white Americans—decided whether a person (or an entire group of people) was just like them and so should be afforded all the rights guaranteed under the Constitution and the Bill of Rights. Gross supplies a specific accounting of the contortions into which communities and the courts tangled themselves while trying to figure out who was really white or black, or something else. And she looks at the consequences of this thinking, how it divided a nation into black, “non-white” (Native Americans and immigrant groups that didn’t come from Europe), and white—the people my grandmother and so many others refer to as, simply, Americans.

The necessity for classification, Gross writes, stems from “the peculiar institution.” In eighteenth- and nineteenth-century America, slavery had to be justified by the ideal that one group of people was intrinsically suited to be chattel and another group of people was meant to wield the whip. Slavery depended on a lot of people buying into “a powerful ideology,” the notion of race. “Fundamental to race is a hierarchy of power . . . a human Chain of Being, with white at the top and black at the bottom.” For the institution to survive, a slave’s “blackness”—those qualities identifying him as being descended from the tribe of Ham—had to be indisputable. The trouble was, if a slave didn’t have, say, dark brown skin and kinky hair, it sometimes wasn’t clear how to categorize him. This uncertainty would prove to be a persistent problem, which, Gross shows, isn’t surprising. The need to separate people was working against an unacknowledged truth about the roots of the country. Namely, there was never a time when people of different skin colors and cultures didn’t mix with each other, whether by their own volition or against their will.

Colonial America, Gross writes, was a rather mixed society. Not only were there communities of African Americans, some of whom were never slaves, but there were robust Indian nations, too, throughout the Eastern seaboard. And into these nations African Americans were often welcomed, as were some European Americans. Some were free blacks, some were former slaves; they took Indian spouses, had children, and conformed to their adopted culture. Some Indian groups, such as the Five Civilized Nations, held black slaves. They even fought on the side of the Confederacy. There was, of course, some integration between slave and master in these groups, just as there was in the white antebellum South. In early America, with each wave of births, and with the country’s ever-expanding territorial domain (meaning new towns were constantly forming where people showed up with little or no documentation of their past), the only way to know for sure if somebody was black or white was to find out whether or not he or she had a master.

This was especially the case in the South, but even there, presumably irrefutable proof wasn’t enough. Take the case of Alexina Morrison, a blonde-haired, blue-eyed Louisiana woman who claimed she was not a born slave but rather a kidnapped white woman. Gross offers her case as an exemplar of how the first racial-identity trials worked: they were decided at the local level, settled by juries of white men who were ultimately more interested in how the plaintiff acted rather than how she appeared. Though Morrison “was undoubtedly a slave, and almost certainly had some African ancestry,” and despite the testimony of doctors that she was biologically black, and despite an examination of her body in court, where parts of her were poked and prodded for the “hidden marks of race,” Morrison was granted her freedom because, to use a sociological term, she “performed” white. Performing as a white woman, Gross writes, meant displaying unimpeachable moral virtue and chasteness. That, and already being accepted as white by the local community, took precedence, not only in Morrison’s case, but in so many others. Gross cites how “[d]espite the visual power of exhibition, not all candidates for whiteness were paraded before the jury, and even when they were, jurors were given many reasons not to believe their own eyes. Only 20 of 68 case records from the 19th Century South referred explicitly to inspections.” What’s more, “[o]nly 2 of 20 relied solely on physical appearance, and only one case relied on physical appearance plus a single type of evidence,” such as the plaintiff not having the “hollow arches” of a biologically white woman. In another case, Hudgins v. Wright, the plaintiff, Hannah, won her freedom by convincing the court she was Indian and not black. She claimed that her mother, a slave, was Indian. Her “red complexion” and straight hair, as well as what was described as a noble character, were proof she couldn’t possibly be black. The court’s ruling confirmed, Gross writes, that “Indians were by default citizens of a free nation; Africans were by default members of an enslaved race.”…

Read the entire review here.