Conflicting Evidence on Intermarriage and Selective Enforcement (Neil Foley, Charles Frank Robinson, F. Flores v. The State)

From Neil Foley, “Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line,” in Beyond Black and White. 127, 142

Although many Mexicans had lived in Texas long before Stephen Austin established the first Anglo settlement in 1822, Anglos still regarded Mexicans as alien culturally, linguistically, religiously, and racially. Their status as racially in-between, as partly colored, hybrid people of mixed Indian, Spanish, and African ancestry, made them suspect in the eyes of whites, who feared that Mexicans could breach the color line by marrying both blacks and whites. Although laws existed against race mixing for whites and blacks, no such laws prevented the mixing of Mexicans with both blacks and whites.5

5. Peggy Pascoe, “Miscegenation Law, Court Cases, and Ideologies of ‘Race’ in Twentieth-Century America,” Journal of American History 83 (June, 1996): 44-69. Mexicans, who were legally “white,”were rarely prosecuted for marrying blacks. For the only case in Texas of a Mexican brought to trial for marrying a black, see F. Flores v. The State, 60 Tex. Crim. 25 (1910); 129 S. W. 1111. I am indebted to Julie Dowling for bringing this case to my attention. See her paper, “Mexican Americans and the Modern Performance of Whiteness: LULAC and the Construction of the White Mexican,” presented at the American Sociological Association annual conference, Anaheim, Calif., August, 2001.

From F. Flores v. The State (1910), in The Texas Criminal Reports Volume 60.

The evidence shows that appellant was a Mexican, or of Spanish extraction. There is no evidence in the record that he had any negro blood in his veins, and his testimony, as far as it goes, excludes the idea that such was the case. The testimony of the woman appellant married, Ellen Dukes, goes to show that she had negro blood in her veins, but within what degree is not shown. She is variously described by the witnesses, and some of them go sufficiently far to say that she looks like a negro. These witnesses state that her physical makeup, and especially the fact that her face and hair, indicate that she was a negro. She testified that she was born and raised in San Antonio and was 31 years of age; that her mother’s name was Refugio Gonzales; that her father’s name was Garmo Dukes; that her mother was Mexican while her father had some negro blood, but she did not know how much negro blood or how much Mexican blood; but that he did have some negro blood in him; that her father’s color was very bright, a great deal brighter in color than herself; that his hair was not kinky or nappy like the ordinary negro–not as much so as was her hair–that it was straighter. Those witnesses who testified to the fact that the woman appellant married was of negro extraction were not aware of how near she was to purity of negro blood; they did not know whether she was within the specified degrees mentioned in article 347 of the Penal Code or not.

From Charles Frank Robinson II, Dangerous Liasons: Sex and Love in the Segregated South

[88] Other interracial couples remained relatively inconspicuous by hiding under the cover of color closeness. Individuals who could cloak their African ancestry could often marry across the color line without alerting state authorities. Even if the state discovered that one of the parties in the relationship had some racial mixture, the state would then have the very difficult task of proving that the individual in question had sufficient black ancestry. Such was the case in Flores v. State (1910). On June 9, 1909, F. Flores and Ellen Dukes married in Angelina County, Texas. Within months after their ceremony, state authorities arrested the couple and charged them with violating the state’s anti-miscegenation law. The state contended that Flores was of Mexican descent, thereby making him [89] a white person for purpose of the statute. Yet Dukes had both Mexican and African origins. In the Angelina County district court trial, Dukes never denied having African ancestry. However, she testified that she did not know how much African ancestry she possessed. According to Dukes, “her mother was Mexican while her father [Garmo Dukes] had some negro blood.”[1]

The state presented Ellen Dukes’s physical appearance as evidence of her guilt. She apparently had rather dark skin and somehwat “kinky hair.” The state also produced witnesses who gave testimony that they believed Dukes to be “a Negro.” These same witnesses further told of conversations that they had had with Flores in which he confirmed to them that he was “a Mexican and had no Negro blood in him.”[2]

The state convicted Flores and Dukes. The couple appealed to the Texas Court of Criminal Appeals. Although the court acknowledged that Dukes had black blood, the court held that the state had failed to prove the degree of it. Dukes did not know when questioned. Neither did any of the state witnesses. According to the high court, the Texas anti-miscegenation law obligated the state to show “that one of the parties had sufficient blood to prohibit the marriage.” Since there was a “reasonable doubt” about Dukes’s percentage of African mixture, the court reversed the lower court verdict.[36]

[92] The case of Marre v. Marre (1914) was another instance when color closeness protected the marital interests of a person involved in an interracial relationship. In 1911, Louis Marre sued for an annulment of his three-year marriage to Agnes E. Nash Marre. Louis claimed not only that he had married Agnes under “duress” but that Agnes was a person of color. A St. Louis Circuit Court found in Louis’s favor, and Agnes appealed. Upon reviewing the case, the Missouri high court could find [93] nothing to substantiate Louis’s claims. The court saw no duress. Although Agnes’s sixty-year-old mother had insisted that Louis marry her daughter, who was pregnant at the time, and allegedly threatened him with bodily harm if he failed to do so, the court did not consider this duress. According to the court, “Mere apprehension of physical or possible physical injury, is not sufficient” to constitute duress.[45]

With regard to the charge of Agnes’s African ancestry, the Missouri Supreme court did not believe that the evidence substantiated the conviction. Agnes and her mother unequivocally denied having any black heritage. They acknowledged that they had a few black friends but argued that their apparently tanned appearance was a result of the Mexican origin of one of their immediate ancestors. Agnes also used the fact of her two sisters having married white men as further evidence of her legal whiteness.[46]

[34] [35]


  1. [1]
  2. [2]
  3. [36] Flores v. State, 129 S.W. 1111 (1910).
  4. [45] Marre v. Marre, 168 S.W. 636 (1914).
  5. [46] Marre v. Marre, 168 S.W. 636 (1914).
  6. [34]Flores v. State, 129 S.W. 1111 (1910). Also see Marriage Licenses, Angelina County, 641.
  7. [35]Flores v. State, 129 S.W. 1111 (1910).

Intermarriage, Mexicanization of Anglo Elites, and Tenuous Legitimacy in the Lower Valley (Montejano)

From David Montejano, Anglos and Mexicans in the Making of Texas, 1836-1986, pp. 36-37.

As in San Antonio and Laredo, the acommodation between the old and incoming elites in the Lower Valley manifested itself in tactical marriages. It was customary among the Mexican elite, as Jovita González has noted, that daughters were married at an early age, and not for love, but for family connections and considerations.[42] [37] On the other hand, for the Anglo settler, marrying a Mexican with property interests made it possible to amass a good-sized stock ranch without considerable expense. The Americans and the European immigrants, most of whom were single men, married the daughters of the leading Spanish-Mexican families and made Rio Grande City a cosmopolitan little town. Among those who claimed the Spanish language was their own were families with such surnames as Lacaze, Laborde, Lafargue, Decker, Marx, Block, Monroe, Nix, Stuart, and Ellert. As one Texas Mexican from this upper class recalled: There were neither racial nor social distinctions between Americans and Mexicans, we were just one family. That was due to the fact that so many of us of that generation had a Mexican mother and an American or European father.[43]

[…] For the Anglo settlers, some degree of Mexicanization was necessary for the most basic communication in this region, given the overwhelming number of Mexicans. But such acculturation meant far more than the learning of a language and proper etiquette; it represented a way of acquiring influence and even a tenuous legitimacy in the annexed Mexican settlements. From participation in religious ritualis and other communal activities to becoming family through godparenthood or marriage–such a range of ties servedto create an effective everyday authority, a type that Ranger or army guns alone could not secure.

  1. [42] Jovita González, “Social Life in Cameron, Starr, and Zapata Counties” [M.A. thesis], pp. 27, 58; for intermarriages in Laredo, see R. O. García, Dolores, p. 39.
  2. [43] González, “Social Life,” p. 27.

Mexican Labor, Border Conditions and Peonage

From David Montejano, Anglos and Mexicans in the Making of Texas, 1836-1986, ch. 4, “Race, Labor, and the Frontier.” 76-79

On the Mexican Frontier.

For several decades after annexation, life along the border continued in much the same way as before. Even as the American mercantile elite displaced Mexican rancheros and money-poor landed elite from their land, the life of landless Mexicans, the peones and the vaqueros, remained generally unaffected. The cattle hacienda remained the dominant social and economic institution of the border region, and the work relations that linked Anglo patrón and Mexican worker remained paternalistic and patriarchal. The development of a cattle industry required no fundamental changes in traditional labor relations. The longevity of the hacienda as a social institution was due [77] to its resiliency: finding a market, it would respond and produce; lacking one, it would turn inward and become self-sustaining.[2]

Beyond the ranch economy, however, Anglo and European pioneers who wished to experiment with such money crops as cotton or cane were severely limited by the scarcity of day laborers. Mexican workers were viewed as unreliable because many still owned small tracts of land and worked only to supplement their meager incomes. Mexican rancheros devoted themselves to cultivating corn, the most important subsistence crop in their diet.. Once subsistence needs were met, Mexican rancheros turned to raising cattle, which was more profitable than farming. The Abbé Domenech never could understand how a ranchero of the lower border lived, for he labours little or none; the very shadow of labor overpowers him, and he comprehends not activity, save in pleasures. The wonderment was largely rhetorical, however, for the abbé provided the answer to his own question. The ranchero‘s work in tending to herds of oxen, horses, goats, and sheep required very little labor, and therefore does he like it so much.[3] Thus, few Mexicans were willing to pick cotton or cut cane.

On the other hand, the masterless, ex-peón population present in Texas may have refused to have anything to do with plantation labor. These ex-peones were not just those left behind by the refugee elite of Texas, but comprised also those who fled peonage in northern Mexico. Escape to Texas at times reached such critical proportions that cotton cultivation in the neighboring state of Tamaulipas was threatened. The possibility of escape weakened debt peonage on the Mexican side, much as it had weakened American slavery on the American side. During the fifteen-year period (1845-1860) between the Mexican War and the American Civil War, the Texas-Mexican border was the boundary sought by both escaping Mexican peones and black slaves. The boundary was also the working zone for slave and peon catchers.[4]

Given these circumstances, far less cotton was cultivated in the Lower Rio Grande Valley in the decade after the Mexican War than in the preceding period under Mexican rule. American expansionist interests, as historian Graf noted, argued that the Mexican laborer was unreliable because he was accustomed to compulsory labor in his own country if he did not have his own little piece of ground. Large-scale planting was impossible because under the free labor conditions of Texas Mexicans worked only to satisfy their needs, which were few. According to this reasoning, there were two ways in which a permanent labor supply could be secured in the Lower Valley: (a) if [78] the United States controlled both sides of the Rio Grande, black slave labor could be introduced with safety and large-scale plantations begun, or (b) if there was a peón law for western Texas, local authorities would have the power to compel the Mexicans to work and <q>thereby ensure the farmer a steady labor supply, as well as reduce vagrancy.[5] The Civil War, which followed shortly after these proposals were offered, made these questions moot.

[…] While Mexicans proved reluctant to perform farm labor, work on [79] the ranches continued to be meditated [sic] by the old practice of debt peonage. Although peonage was formally illegal, most men and women on Texas ranches nevertheless looked to a patrón to provide them with the necessities of life, to give them work, to pay them wages, and, finally, to donate a jacal and provisions when they grew too old. In return there was a loyalty to the ranch and its owners that acknowledged and repaid a patrón‘s sense of noblesse oblige.[8]

Bibliographical References:

Graf, LeRoy P. “The Economic History of the Lower Rio Grande Valley, 1820-1875.” 2 vols. Ph.D. dissertation, Harvard University, 1942.


  1. [2]Enrique Semo, Historia del capitalismo en México: Los orígenes, 1521-1763.
  2. [3]Domenech, Missionary Adventures, pp. 254-256; Robert Edgar Riegel, The Story of the Western Railroads, pp. 7-8; Graf, “Economic History,” pp. 439-445.
  3. [4]Friedrich Katz, “Labor Conditions on Haciendas in Porfirian Mexico: Some Trends and Tendencies,” Hispanic American Historical Review 54, no. 1 (February 1974): 32-33; Wilkinson, Laredo, p. 238; Mexico, Report; Cazneau, Eagle Pass, pp. 59, 80-81, 94-96; J.D. Thompson, Vaqueros.
  4. [5]Graf, “Economic History,” pp. 449-450.
  5. [8]Wilkinson, Laredo, p. 237