Part 16

The states vary slightly in regard to what constitutes a mulatto or person of color, and as to what proportion of white blood should be sufficient to remove the disability of color. As a general rule, less than one-fourth of Negro blood left the individual white--in theory; race questions being, however, regulated very differently in practice. In Missouri, by the code of 1855, still in operation, so far as not inconsistent with the Federal Constitution and laws, "any person other than a Negro, any one of whose grandmothers or grandfathers is or shall have been a Negro, tho all of his or her progenitors except those descended from the Negro may have been white persons, shall be deemed a mulatto." Thus the color-line is drawn at one-fourth of Negro blood, and persons with only one-eighth are white.

By the Mississippi code of 1880, the color-line is drawn at one-fourth of Negro blood, all persons having less being theoretically white.

Under the _code noir_ of Louisiana, the descendant of a white and a quadroon is white, thus drawing the line at one-eighth of Negro blood. The code of 1876 abolished all distinctions of color; as to whether they have been re-enacted since the Republican Party went out of power in that state the writer is not informed.

Jumping to the extreme North, persons are white within the meaning of the Constitution of Michigan who have less than one-fourth of Negro blood.

In Ohio the rule, as established by numerous decisions of the Supreme Court, was that a preponderance of white blood constituted a person a white man in the eye of the law, and entitled him to the exercise of all the civil rights of a white man. By a retrogressive step the color-line was extended in 1861 in the case of marriage, which by statute was forbidden between a person of pure white blood and one having a visible admixture of African blood. But by act of legislature, passed in the spring of 1887, all laws establishing or permitting distinctions of color were repealed. In many parts of the state these laws were always ignored, and they would doubtless have been repealed long ago but for the sentiment of the southern counties, separated only by the width of the Ohio River from a former slave-holding state. There was a bill introduced in the legislature during the last session to re-enact the "black laws," but it was hopelessly defeated; the member who introduced it evidently mistook his latitude; he ought to be a member of the Georgia legislature.

But the state which, for several reasons, one might expect to have the strictest laws in regard to the relations of the races, has really the loosest. Two extracts from decisions of the Supreme Court of South Carolina will make clear the law of that state in regard to the color line.

The definition of the term mulatto, as understood in this state, seems to be vague, signifying generally a person of mixed white or European and Negro parentage, in whatever proportions the blood of the two races may be mingled in the individual. But it is not invariably applicable to every admixture of African blood with the European, nor is one having all the features of a white to be ranked with the degraded class designated by the laws of this state as persons of color, because of some remote taint of the Negro race. The line of distinction, however, is not ascertained by any rule of law.... Juries would probably be justified in holding a person to be white in whom the admixture of African blood did not exceed the proportion of one-eighth. But it is in all cases a question for the jury, to be determined by them upon the evidence of features and complexion afforded by inspection, the evidence of reputation as to parentage, and the evidence of the rank and station in society occupied by the party. The only rule which can be laid down by the courts is that where there is a distinct and visible admixture of Negro blood, the individual is to be denominated a mulatto or person of color.

In a later case the court held: "The question whether persons are colored or white, where color or feature are doubtful, is for the jury to decide by reputation, by reception into society, and by their exercise of the privileges of the white man, as well as by admixture of blood."

It is an interesting question why such should have been, and should still be, for that matter, the law of South Carolina, and why there should exist in that state a condition of public opinion which would accept such a law. Perhaps it may be attributed to the fact that the colored population of South Carolina always outnumbered the white population, and the eagerness of the latter to recruit their ranks was sufficient to overcome in some measure their prejudice against the Negro blood. It is certainly true that the color-line is, in practice as in law, more loosely drawn in South Carolina than in any other Southern State, and that no inconsiderable element of the population of that state consists of these legal white persons, who were either born in the state, or, attracted thither by this feature of the laws, have come in from surrounding states, and, forsaking home and kindred, have taken their social position as white people. A reasonable degree of reticence in regard to one's antecedents is, however, usual in such cases.

Before the War the color-line, as fixed by law, regulated in theory the civil and political status of persons of color. What that status was, was expressed in the Dred Scott decision. But since the War, or rather since the enfranchisement of the colored people, these laws have been mainly confined--in theory, be it always remembered--to the regulation of the intercourse of the races in schools and in the marriage relation. The extension of the color-line to places of public entertainment and resort, to inns and public highways, is in most states entirely a matter of custom. A colored man can sue in the courts of any Southern State for the violation of his common-law rights, and recover damages of say fifty cents without costs. A colored minister who sued a Baltimore steamboat company a few weeks ago for refusing him first-class accommodation, he having paid first-class fare, did not even meet with that measure of success; the learned judge, a Federal judge by the way, held that the plaintiff's rights had been invaded, and that he had suffered humiliation at the hands of the defendant company, but that "the humiliation was not sufficient to entitle him to damages." And the learned judge dismissed the action without costs to either party.

Having thus ascertained what constitutes a white man, the good citizen may be curious to know what steps have been taken to preserve the purity of the white race. Nature, by some unaccountable oversight having to some extent neglected a matter so important to the future prosperity and progress of mankind. The marriage laws referred to here are in active operation, and cases under them are by no means infrequent. Indeed, instead of being behind the age, the marriage laws in the Southern States are in advance of public opinion; for very rarely will a Southern community stop to figure on the pedigree of the contracting parties to a marriage where one is white and the other is known to have any strain of Negro blood.

In Virginia, under the title "Offenses against Morality," the law provides that "any white person who shall intermarry with a Negro shall be confined in jail not more than one year and fined not exceeding one hundred dollars." In a marginal note on the statute-book, attention is called to the fact that "a similar penalty is not imposed on the Negro"--a stretch of magnanimity to which the laws of other states are strangers. A person who performs the ceremony of marriage in such a case is fined two hundred dollars, one-half of which goes to the informer.

In Maryland, a minister who performs the ceremony of marriage between a Negro and a white person is liable to a fine of one hundred dollars.

In Mississippi, code of 1880, it is provided that "the marriage of a white person to a Negro or mulatto or person who shall have one-fourth or more of Negro blood, shall be unlawful"; and as this prohibition does not seem sufficiently emphatic, it is further declared to be "incestuous and void," and is punished by the same penalty prescribed for marriage within the forbidden degrees of consanguinity.

But it is Georgia, the _alma genetrix_ of the chain-gang, which merits the questionable distinction of having the harshest set of color laws. By the law of Georgia the term "person of color" is defined to mean "all such as have an admixture of Negro blood, and the term 'Negro,' includes mulattoes."

This definition is perhaps restricted somewhat by another provision, by which "all Negroes, mestizoes, and their descendants, having one-eighth of Negro or mulatto blood in their veins, shall be known in this State as persons of color." A colored minister is permitted to perform the ceremony of marriage between colored persons only, tho white ministers are not forbidden to join persons of color in wedlock. It is further provided that "the marriage relation between white persons and persons of African descent is forever prohibited, and such marriages shall be null and void." This is a very sweeping provision; it will be noticed that the term "persons of color," previously defined, is not employed, the expression "persons of African descent" being used instead. A court which was so inclined would find no difficulty in extending this provision of the law to the remotest strain of African blood. The marriage relation is forever prohibited. Forever is a long time. There is a colored woman in Georgia said to be worth $300,000--an immense fortune in the poverty stricken South. With a few hundred such women in that state, possessing a fair degree of good looks, the color-line would shrivel up like a scroll in the heat of competition for their hands in marriage. The penalty for the violation of the law against intermarriage is the same sought to be imposed by the defunct Glenn Bill for violation of its provisions; i.e., a fine not to exceed one thousand dollars, and imprisonment not to exceed six months, or twelve months in the chain-gang.

Whatever the wisdom or justice of these laws, there is one objection to them which is not given sufficient prominence in the consideration of the subject, even where it is discussed at all; they make mixed blood a _prima-facie_ proof of illegitimacy. It is a fact that at present, in the United States, a colored man or woman whose complexion is white or nearly white is presumed, in the absence of any knowledge of his or her antecedents, to be the offspring of a union not sanctified by law. And by a curious but not uncommon process, such persons are not held in the same low estimation as white people in the same position. The sins of their fathers are not visited upon the children, in that regard at least; and their mothers' lapses from virtue are regarded either as misfortunes or as faults excusable under the circumstances. But in spite of all this, illegitimacy is not a desirable distinction, and is likely to become less so as these people of mixed blood advance in wealth and social standing. This presumption of illegitimacy was once, perhaps, true of the majority of such persons; but the times have changed. More than half of the colored people of the United States are of mixed blood; they marry and are given in marriage, and they beget children of complexions similar to their own. Whether or not, therefore, laws which stamp these children as illegitimate, and which by indirection establish a lower standard of morality for a large part of the population than the remaining part is judged by, are wise laws; and whether or not the purity of the white race could not be as well preserved by the exercise of virtue, and the operation of those natural laws which are so often quoted by Southern writers as the justification of all sorts of Southern "policies"--are questions which the good citizen may at least turn over in his mind occasionally, pending the settlement of other complications which have grown out of the presence of the Negro on this continent.

_Independent_, May 30, 1889

The Future American

WHAT THE RACE IS LIKELY TO BECOME IN THE PROCESS OF TIME

The future American race is a popular theme for essayists, and has been much discussed. Most expressions upon the subject, however, have been characterized by a conscious or unconscious evasion of some of the main elements of the problem involved in the formation of a future American race, or, to put it perhaps more correctly, a future ethnic type that shall inhabit the northern part of the western continent. Some of these obvious omissions will be touched upon in these articles; and if the writer has any preconceived opinions that would affect his judgment, they are at least not the hackneyed prejudices of the past--if they lead to false conclusions, they at least furnish a new point of view, from which, taken with other widely differing views, the judicious reader may establish a parallax that will enable him to approximate the truth.

The popular theory is that the future American race will consist of a harmonious fusion of the various European elements which now make up our heterogeneous population. The result is to be something infinitely superior to the best of the component elements. This perfection of type--no good American could for a moment doubt that it will be as perfect as everything else American--is to be brought about by a combination of all the best characteristics of the different European races, and the elimination, by some strange alchemy, of all their undesirable traits--for even a good American will admit that European races, now and then, have some undesirable traits when they first come over. It is a beautiful, a hopeful, and to the eye of faith, a thrilling prospect. The defect of the argument, however, lies in the incompleteness of the premises, and its obliviousness of certain facts of human nature and human history.

Before putting forward any theory upon the subject, it may be well enough to remark that recent scientific research has swept away many hoary anthropological fallacies. It has been demonstrated that the shape or size of the head has little or nothing to do with the civilization or average intelligence of a race; that language, so recently lauded as an infallible test of racial origin is of absolutely no value in this connection, its distribution being dependent upon other conditions than race. Even color, upon which the social structure of the United States is so largely based, has been proved no test of race. The conception of a pure Aryan, Indo-European race has been abandoned in scientific circles, and the secret of the progress of Europe has been found in racial heterogeneity, rather than in racial purity. The theory that the Jews are a pure race has been exploded, and their peculiar type explained upon a different and much more satisfactory hypothesis. To illustrate the change of opinion and the growth of liberality in scientific circles, imagine the reception which would have been accorded to this proposition, if laid down by an American writer fifty or sixty years ago: "The European races, as a whole, show signs of a secondary or derived origin; certain characteristics, especially the texture of the hair, lead us to class them as intermediate between the extreme primary types of the Asiatic and Negro races respectively." This is put forward by the author, not as a mere hypothesis, but as a proposition fairly susceptible of proof, and is supported by an elaborate argument based upon microscopical comparisons, to which numerous authorities are cited. If this fact be borne in mind it will simplify in some degree our conception of a future American ethnic type.

By modern research the unity of the human race has been proved (if it needed any proof to the careful or fair-minded observer), and the differentiation of races by selection and environment has been so stated as to prove itself. Greater emphasis has been placed upon environment as a factor in ethnic development, and what has been called "the vulgar theory of race," as accounting for progress and culture, has been relegated to the limbo of exploded dogmas. One of the most perspicuous and forceful presentations of these modern conclusions of anthropology is found in the volume above quoted, a book which owes its origin to a Boston scholar.

Proceeding then upon the firm basis laid down by science and the historic parallel, it ought to be quite clear that the future American race--the future American ethnic type--will be formed of a mingling, in a yet to be ascertained proportion, of the various racial varieties which make up the present population of the United States; or, to extend the area a little farther, of the various peoples of the northern hemisphere of the western continent; for, if certain recent tendencies are an index of the future it is not safe to fix the boundaries of the future United States anywhere short of the Arctic Ocean on the north and the Isthmus of Panama on the south. But, even with the continuance of the present political divisions, conditions of trade and ease of travel are likely to gradually assimilate to one type all the countries of the hemisphere. Assuming that the country is so well settled that no great disturbance of ratios is likely to result from immigration, or any serious conflict of races, we may safely build our theory of a future American race upon the present population of the country. I use the word "race" here in its popular sense--that of a people who look substantially alike, and are moulded by the same culture and dominated by the same ideals.

By the eleventh census, the ratios of which will probably not be changed materially by the census now under way, the total population of the United States was about 65,000,000, of which about seven million were black and colored, and something over 200,000 were of Indian blood. It is then in the three broad types--white, black and Indian--that the future American race will find the material for its formation. Any dream of a pure white race, of the Anglo-Saxon type, for the United States, may as well be abandoned as impossible, even if desirable. That such future race will be predominantly white may well be granted--unless climate in the course of time should modify existing types; that it will call itself white is reasonably sure; that it will conform closely to the white type is likely; but that it will have absorbed and assimilated the blood of the other two races mentioned is as certain as the operation of any law well can be that deals with so uncertain a quantity as the human race.

There are no natural obstacles to such an amalgamation. The unity of the race is not only conceded but demonstrated by actual crossing. Any theory of sterility due to race crossing may as well be abandoned; it is founded mainly on prejudice and cannot be proved by the facts. If it come from Northern or European sources, it is likely to be weakened by lack of knowledge; if from Southern sources, it is sure to be colored by prejudices. My own observation is that in a majority of cases people of mixed blood are very prolific and very long-lived. The admixture of races in the United States has never taken place under conditions likely to produce the best results but there have nevertheless been enough conspicuous instances to the contrary in this country, to say nothing of a long and honorable list in other lands, to disprove the theory that people of mixed blood, other things being equal, are less virile, prolific or able than those of purer strains. But whether this be true or not is apart from this argument. Admitting that races may mix, and that they are thrown together under conditions which permit their admixture, the controlling motive will be not abstract considerations with regard to a remote posterity, but present interest and inclination.

The Indian element in the United States proper is so small proportionally--about one in three hundred--and the conditions for its amalgamation so favorable, that it would of itself require scarcely any consideration in this argument. There is no prejudice against the Indian blood, in solution. A half or quarter-breed, removed from the tribal environment, is freely received among white people. After the second or third remove he may even boast of his Indian descent; it gives him a sort of distinction, and involves no social disability. The distribution of the Indian race, however, tends to make the question largely a local one, and the survival of tribal relation may postpone the results for some little time. It will be, however, the fault of the United States Indian himself if he be not speedily amalgamated with the white population.

The Indian element, however, looms up larger when we include Mexico and Central America in our fields of discussion. By the census of Mexico just completed, over eighty per cent of the population is composed of mixed and Indian races. The remainder is presumably of pure Spanish, or European blood, with a dash of Negro along the coast. The population is something over twelve millions, thus adding nine millions of Indians and Mestizos to be taken into account. Add several millions of similar descent in Central America, a million in Porto Rico, who are said to have an aboriginal strain, and it may safely be figured that the Indian element will be quite considerable in the future American race. Its amalgamation will involve no great difficulty, however; it has been going on peacefully in the countries south of us for several centuries, and is likely to continue along similar lines. The peculiar disposition of the American to overlook mixed blood in a foreigner will simplify the gradual absorption of these Southern races.

The real problem, then, the only hard problem in connection with the future American race, lies in the Negro element of our population. As I have said before, I believe it is destined to play its part in the formation of this new type. The process by which this will take place will be no sudden and wholesale amalgamation--a thing certainly not to be expected, and hardly to be desired. If it were held desirable, and one could imagine a government sufficiently autocratic to enforce its behests, it would be no great task to mix the races mechanically, leaving to time merely the fixing of the resultant type.