1893: “The statute defined colored as ‘all persons of mixed blood descended from Negro ancestry. Thus Mexicans in the state were segregated by custom rather than by law…” (Foley)

1893: state segregation law for schools still defines “colored” as “Negro ancestry” / BB&W, 129

Second, Plessy v. Ferguson did not apply to Mexicans, inasmuch as they were officially recognized as “white.” In Texas, for example, the legislature passed a law in 1893, six years before the Supreme Court mandated “separate but equal” facilities for blacks and whites, that required separate schools for the state’s white and “colored” children. The statute defined colored as “all persons of mixed blood descended from Negro ancestry.”[11] Thus Mexicans in the state were segregated by custom rather than by law, and school districts defended the practice on the grounds that Mexican children did not speak English and spent part of the school year with their families as migrant agricultural workers. When Mexican American civil rights activists were able to show that Mexican children were arbitrarily segregated, regardless of English-language facility, the courts generally ruled in favor of the plaintiff Mexican Americans.[12]

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 129.

 

  1. [11]C. H. Jenkins, The Revised Civil Statutes of Texas, 1925, Annotated, (Austin: H. P. N. Gammel Book Co., 1925), vol. 1, p. 1036.
  2. [12]See Guadalupe San Miguel, Jr., “The Origins, Development, and Consequences of the Educational Segregation of Mexicans in the Southwest,” in Chicano Studies: A Multidisciplinary Approach, ed. by Eugene E. García, Francisco Lomeli, and Isidro Ortiz (New York: Teachers College Press, 1984), pp. 195-208.

“The American community has no social technique for handling partly colored races” (Handman, 1930, qtd. in Foley)

Most Anglos in the Southwest did not regard Mexicans as white, but they also did not consider them to be in the same category as “Negro.” Before 1930s many Mexicans themselves simply thought of themselves as “Mexicanos”–neither black nor white. In 1930 a sociologist, Max Handman, commented: “The American community has no social technique for handling partly colored races. We have a place for the Negro and a place for the white man: the Mexican is not a Negro, and the white man refuses him an equal status.”[6] As Handman explained, “The Mexican presents shades of color ranging from that of the Negro, although with no Negro features, to that of the white. The result is confusion.” No one has been more confused than whites themselves over the racial status of Mexicans, because some Mexicans look undeniably “white,” while others look almost as dark as–and sometimes darker than–many blacks. “Such a situation cannot last for long,” wrote Handman, “because the temptation of the white group is to push him down into the Negro group, while the efforts of the Mexican will be directed toward raising himself up to the level of the white group.” Mexicans, according to Handman, would not accept the subordinate status of blacks and instead would form a separate group “on the border line between the Negro and the white man.”

Neil Foley, "Partly Colored or Other White: Mexican Americans and Their Problem with the Color Line," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 123-144 (College Station: Texas A&M University Press, 204), 127.
  1. [6]

“there is a force at this place, which … has no other object than to gather the slaves and other property of these citizens” (Seguín)

{22}

From General Pedro de Ampudia
To Juan Seguín [incorrectly addressed to Erasmo Seguín, Juan’s father]
Contraband Marsh, Quarter until eight in the Evening, May 2, 1836

By way of a report received from the officer charged with assisting the sick, I am informed that there is a large force in those woods, which, according to you, has as its sole objective the recovery of black slaves and such [property] as may belong to the citizens of this country. In regard to the former, I say to you that there are no slaves at this place and, with regard to the latter, I have no knowledge of any property belonging to the individuals who accompany you.

[…][138]

{23}

From Juan Seguín
To General Pedro de Ampudia
Headquarters, Vanguard of the Army of Texas, May 3, 1836

By your communication dated a quarter before eight in the evening yesterday, I am informed that from the report given to you by the officer in charge of assisting the sick, you learned there is a force at this place, which, as I stated to the said officer, has no other object than to gather the slaves and other property of these citizens. [To which] purpose my commanding general, upon ordering me and the vanguard to observe the enemy’s movements in its retreat, instructed me to communicate with its leader in order to let him know that the slaves who were to be returned as a result of the negotiations (which, upon my departure from General Headquarters, were being celebrated with the President of Mexico), were to be turned over to me and not left loose in the fields, and that in the future the President of Mexico’s troops were not to avail themselves of Texas property.

Juan N. Seguín, A Revolution Remembered: The Memoirs and Selected Correspondence of Juan N. Seguín, edited by Jesús F. de la Teja (Austin, Texas: State House Press, 1991), 137-138.

“In the name of racially regulating behavior, laws CREATED racial identities” — Tennessee use of “mulattoes, mestizos, and their descendants” (Haney Lopez)

Second, positive law has created the racial meanings that attach to physical features. In a sense, this is the heart of the prerequisite cases, which at root embody the efforts of the courts to inscribe on the bodies of individual applicants the term “White” or “non-White.” These cases established as legal precedent the racial identities of the various faces and nationalities entering the United States at the turn of the century. Again, however, the racial prerequisites to naturalization are not the only laws that explicitly defined racial identities. Almost every state with racially discriminatory legislation also established legal definitions of race. It is no accident that the first legal ban on interracial marriage, a 1705 Virginia act, also constituted the first statutory effort to define who was Black.[6] Regulating or criminalizing behavior in racial terms required legal definitions of race.[7] Thus, in the years leading up to Brown, most states that made racial distinctions in their laws provided statutory racial definitions, almost always focusing on the boundaries of Black identity. Alabama and Arkansas defined anyone with one drop of “Negro” blood as Black; Florida had a one-eighth rule; Georgia referred to “ascertainable” non-White blood; Indiana used a one-eighth rule; Kentucky relied on a combination of any “appreciable admixture” of Black ancestry and a one-sixteenth rule; Louisiana did not statutorily define Blackness but did adopt via its Supreme Court an “appreciable mixture of negro blood” standard; Maryland used a “person of negro descent to the third generation” test; Mississippi combined an “appreciable amount of Negro blood” and a one-eighth rule; Missouri used a one-eighth test, as did Nebraska, North Carolina, and North Dakota; Oklahoma referred to “all persons of African descent,” [119] adding that the “term ‘white race’ shall include all other persons”; Oregon promulgated a one-fourth rule; South Carolina had a one-eighth standard; Tennessee defined Blacks in terms of “mulattoes, mestizos, and their descendants, having any blood of the African race in their veins”; Texas used an “all persons of mixed blood descended from negro ancestry” standard; Utah law referred to mulattos, quadroons, or octoroons; and Virginia defined Blacks as those in whom there was “ascertainable any Negro blood” with not more than one-sixteenth Native American ancestry.[8]

The very practice of legally defining Black identity demonstrates the social, rather than the natural basis of race. Moreover, these competing definitions demonstrate that the many laws that discriminated on the basis of race more often than not defined, and thus helped to create, the categories they claimed only to elucidate. In defining Black and White, statutory and case law assisted in fashioning the racial significance that by themselves drops of blood, ascertainable amounts, and fractions never could have. In the name of racially regulating behavior, they created racial identities.

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 118-119.
  1. [6]Finkelman, supra, at 2088. According to Finkelman, “This act also made the first stab at defining who was actually black. The law declared that anyone who was a child, grandchild, or great grandchild of a black was a mulatto under the statute. this meant that persons who were of one-eighth African ancestry were black for purposes of Virginia law.” See generally A. Leon Higginbotham, Jr., and Barbara K. Kopytoff, Racial Purity and Interracial Sex in the Law of Colonial and Antebellum Virginia, 77 GEO. L. J. 1967 (1989).
  2. [7]See Raymond T. Diamond and Robert J. Cottrol, Codifying Caste: Louisiana’s Racial Classification Scheme and the Fourteenth Amendment, 29 LOY. L. REV. 255, 265 (1983) They argue that “[s]tate supported or initiated discrimination required racial definitions. The law could not separate what it failed to categorize.”
  3. [8]Paul Finkelman, The Color of Law, 87 NW. U. L. REV. 937, 955 n. 96 (citing PAUL MURRAY, STATES’ LAWS ON RACE AND COLOR [1950]).

“Town Life” in San Antonio and “The Mexicans in Texas” (Olmsted, Journey Through Texas)

Town Life.

The street-life of San Antonio is more varied than might be supposed. Hardly a day passes without some noise. If there be no personal affray to arouse talk, there is some Government train to be seen, with its hundred of mules, on its way from the coast to a fort above; or a Mexican ox-train from the coast, with an interesting supply of ice, or flour, or matches, or of whatever the shops find themselves short. A Government express clatters off, or news arrives from some exposed outpost, or from New Mexico. An Indian in his finery appears on a shaggy horse, in search of blankets, powder, and ball. Or at the least, a stage-coache with the “States,” or the Austin, mail, rolls into the plaza and discharges its load of passengers and newspapers.

The street affrays are numerous and characteristic. I have seen, for a year or more, a San Antonio weekly, and hardly a number fails to have its fight or its murder. More often than otherwise, the parties meet upon the plaza by chance, and each, on catching sight of his enemy, draws a revolver, and fires away. As the actors are under more or less excitement, their aim is not apt to be of the most careful and sure, consequently it is, not seldom, the passers-by who suffer. Sometimes it is a young man at a quiet dinner in a restaurant, who receives a ball in the head; sometimes an old negro woman, returning from market, who gets winged. After disposing of all their lead, the parties close, to try their steel, but as this species of metallic amusement is less popular, they generally contrive to be separated (“Hold me! Hold me!”) by friends before the wounds are mortal. If neither is seriously injured, they are brought to drink together on the following day, and the town waits for the next excitement.

[159] Where borderers and idle soldiers are hanging about drinking-places, and where different races mingle on unequal terms, assassinations must be expected. Murders, from avarice or revenge, are common here. Most are charged upon the Mexicans, whose passionate motives are not rare, and to whom escape over the border is easiest and most natural.

The town amusements of a less exciting character are not many. There is a permanent company of Mexican mountebanks, who give performances of agility and buffoonery two or three times a week, parading, before night, in their spangled tights with drum and trombone through the principal streets. They draw a crowd of whatever little Mexicans can get adrift, and this attracts a few sellers of whisky, tortillas, and tamaules (corn slap-jacks and hashed meat in corn-shucks), all by the light of torches making a ruddily picturesque evening group.

The more grave Americans are served with tragedy by a thin local company, who are death on horrors and despair, long rapiers, and well oiled hair, and for lack of a better place to flirt with passing officers, the city belles may sometimes be seen looking on. The national background of peanuts and yells, is not, of course, wanting.

A day or two after our arrival, there was the hanging of a Mexican. The whole population left the town to see. Family parties, including the grandmother and the little negroes, came from all the plantations and farms within reach, and little ones were held up high to get their share of warning. The Mexicans looked on imperturbable.

San Antonio, excluding Galveston,[*] is much the largest city [160] of Texas. After the Revolution, it was half deserted by its Mexican population, who did not care to come under Anglo-Saxon rule. Since then its growth has been rapid and steady. At the census of 1850, it numbered 3,500; in 1853, its population was 6,000; and in 1856, it is estimated at 10,500. Of these, about 4,000 are Mexicans, 3,000 are Germans, and 3,500 Americans. The money-capital is in the hands of the Americans, as well as the officers and the Government. Most of the mechanics and the smaller shopkeepers are German. The Mexicans appear to have almost no other business than that of carting goods. Almost the entire transportation of the country is carried on by them, with oxen and two-wheeled carts. Some of them have small shops, for the supply of their own countrymen, and some live upon the produce of farms and cattle-ranches owned in the neighborhood. Their livelihood is, for the most part, exceedingly meagre, made up chiefly of corn and beans.

The Mexicans in Texas.

We had, before we left, opportunities of visiting familiarly many of the Mexican dwellings. I have described their externals. Within, we found usually a single room, open to the roof and invariably having a floor of beaten clay a few inches below the level of the street. There was little furniture–huge beds being the universal pièce de résistance. These were used by day as sofa and table. Sometimes there were chairs and a table besides; but frequently only a bench, with a few earthen utensils for cooking, which is carried on outside. A dog or a cat appears on or under the bed, or on the clothes-chest, a saint on the wall, and frequently a game-cock fastened in a corner, supplied with dishes of corn and water.

[161] We were invariably received with the most gracious and beaming politeness and dignity. Their manner towards one another is engaging, and that of children and parents most affectionate. This we always noticed in evening walks and in the groups about the doors, which were often singing in chorus–the attitudes expressive of confident affection. In one house, we were introduced to an old lady who was supposed by her grandchildren to be over one hundred years old. She had come from Mexico, in a rough cart, to make them a visit. Her face was strikingly Indian in feature, her hair, snow white, flowing thick over the shoulders, contrasting strongly with the olive skin. The complexion of the girls is clear, and sometimes fair, usually a blushing olive. The variety of feature and color is very striking, and is naturally referred to three sources–the old Spanish, the creole Mexican, and the Indian, with sometimes a suspicion of Anglo-Saxon or Teuton. The hair is coarse, but glossy, and very luxuriant; the eye, deep, dark, liquid, and well set. Their modesty, though real, we heard, was not proof against a long courtship of flattering attentions and rich presents. The constancy of the married women was made very light of, not that their favors were purchasable, but that they are sometimes seized by a strong penchant for some other than their lord. There was testimony of this in the various shades and features of their children; in fact we thought the number of babies of European hair and feature exceeded the native olive in number. We noticed, in a group of Mexican and negro women, when an indelicate occurrence took place, that the former turned away in annoyed modesty, while the latter laughed broadly. Their constitutions, in general, are feeble, and very many of both sexes, we were informed, suffered from scrofulous disease. [162] Nevertheless, with good stimulus, the men make admirable laborers.

The common dress was loose and slight, not to say slatternly. It was frequently but a chemise, as low as possible in the neck, sometimes even lower, with a calico petticoat. On holidays they dress in expensive finery, paying special attention to the shoes, of white satin, made by a native artist.

The houses of the rich differ little form those of the poor, and the difference in their style of living must be small, owing to the want of education and of all ambition. The majority are classed as laborers. Their wages are small, usually, upon farms near San Antonio, $6 or $8 a month, with corn and beans. That of the teamsters is in proportion to their energy. On being paid off, they hurry to their family and all come out in their best to spend the earnings, frequently quite at a lost for what to exchange them. They make excellent drovers and shepherds, and in work like this, with which they are acquainted, are reliable and adroit. A horse-drover, just from the Rio Grande, with whom we conversed, called them untiring and faithful at their work, but untrustworthy in character. To his guide, he paid $24 a month, to his “right bower,” $15, and to his “left bower,” $12 a month.

Their tools are of the rudest sort. The old Mexican wheel of hewn blocks of wood is still constantly in use, though supplanted, to some extent, by Yankee wheels, sent in pairs from New York. The carts are always hewn of heavy wood, and are covered with white cotton, stretched over hoops. In these they live, on the road, as independently as in their own house. The cattle are yoked by the horns, with raw-hide thongs, of which they make a great use.

[163] They consort freely with the negroes, making no distinction from pride of race. A few, of old Spanish blood, have purchased negro servants, but most of them regard slavery with abhorrence.

The Mexicans were treated for a while after annexation like a conquered people. Ignorant of their rights, and of the new language, they allowed themselves to be imposed upon by the new comers, who seized their lands and property without shadow of claim, and drove hundreds of them homeless across the Rio Grande. They now, as they get gradually better informed, come straggling back, and often their claims give rise to litigation, usually settled by a compromise.

A friend told us, that, wishing, when he built, to square a corner of his lot, after making diligent inquiry he was unable to hear of any owner for the adjoining piece. He took the responsibility, and moved his fence over it. Not long after, he was waited upon by a Mexican woman, in a towering passion. He carried her to a Spanish acquaintance, and explained the transaction. She was immediately appeased, told him he was welcome to the land, and has since been on the most neighborly terms, calling him always her “amigo.”

Most adult Mexicans are voters by the organic law; but few take measures to make use of the right. Should they do so, they might probably, in San Antonio, have elected a government of their own. Such a step would be followed, however, by a summary revolution. They are regarded by slaveholders with great contempt and suspicion, for their intimacy with slaves, and their competition with plantation labor.

Americans, in speaking of them, constantly distinguish themselves as “white folks.” I once heard a new comer informing another American, that he had seen a Mexican with a revolver. [164] “I shouldn’t think they ought to be allowed to carry fire-arms. It might be dangerous.” “It would be difficult to prevent it,” the other replied; “Oh, they think themselves just as good as white men.”

From several counties they have been driven out altogether. At Austin, in the spring of 1853, a meeting was held, at which the citizens resolved, on the plea that Mexicans were horse-thieves, that they must quit the country. About twenty families were thus driven from their homes, and dispersed over the western counties. Deprived of their means of livelihood, and rendered furious by such wholesale injustice, it is no wonder if they should take to the very crimes with which they are charged.

A similar occurrence took place at Seguin, in 1854; and in 1855, a few families, who had returned to Austin, were again driven out.

Even at San Antonio, there had been talk of such a razzia. A Mexican, caught in an attempt to steal a horse, had been hung by a Lynching party, on the spot, for an example. His friends happened to be numerous, and were much excited, threatening violence in return. Under pretext of subduing an intended riot, the sheriff issued a call for an armed posse of 500 men, with the idea of dispersing and driving from the neighborhood a large part of the Mexican population. But the Germans, who include among them the great majority of young men suitable for such duty, did not volunteer as had been expected, and the scheme was abandoned. They were of the opinion, one of them said to me, that this was not the right and republican way. If the laws were justly and energetically administered, no other remedy would be needed. One of them, who lived on the Medina, in the vicinity of the place of the occurrence, told us he had no [165] complaint to make of the Mexicans; they never stole his property, or troubled him in any way.

The following is the most reliable estimate I can obtain of the actual Mexican population in Texas, (1856):–

San Antonio 4,000
Bexar Co. 2,000
Uvalde Co. 1,000
Laredo 1,500
El Paso, with Presidio 8,500
Lower Rio Grande Counties 3,000
Goliad and Nueces Counties 1,000
Other parts of State 1,000
Floating, say 3,000
25,000
Frederick Law Olmsted, A Journey Through Texas; or, a Saddle-Trip on the Southwestern Frontier (New York: Dix, Edwards & Co, 1857), 158-165.
  1. [*]The two towns have nearly kept pace in growth. The yellow fever, it is said, has now given San Antonio the advantage.

In re Rodriguez and “the favorable ruling for Rodriguez even though the court did not believe him to be White” (Haney López)

In re Rodriguez. Nach Haney López, court rules RR non-white but eligible anyway (?). Rodriguez as exception in early cases, decision treaty-driven. WBL 61.

Rationalizing Race: The Early Cases

Between 1878 and 1909, courts heard twelve prerequisite cases, rejecting the applicants’ claims in eleven of them. The courts barred the naturalization of applicants from China, Japan, Burma, and Hawaii, as well as that of two mixed-race applicants. Given the virulent anti-Asian prejudice of the times, these results are not surprising. In the one case during this period in which the petitioner did prevail, In re Rodriguez, a federal court in Texas in 1897 admitted to citizenship the “pure-blooded Mexican” applicant, but remarked that “[i]f the strict scientific classification of the anthropologist should be adopted, he would probably not be classed as white.”[35] the court allowed the applicant to naturalize on the basis of a series of treatise conferring citizenship on Spaniards and Mexicans in the wake of U.S. expansion into Florida and the Southwest.[36] Rodriguez was thus admitted despite the court’s belief that he was not White.[37] As the exception, Rodriguez proves the rule. In this initial period, courts virtually always opposed claims of Whiteness.

These early prerequisite cases are important, however, not in the results they reached, but because of the rationales offered by the courts in making racial assignments. The task of deciding who was White may at first glance [62] seem a simple one. However, the evidence suggests otherwise: the favorable ruling for Rodriguez even though the court did not believe him to be White; the tentativeness of the court in Ah Yup; and the naturalization of some Chinese such as Gee Hop even in the face the [sic] “white person” bar….

Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 61ff.
  1. [35]In re Rodriguez, 81 F. 337, 349 (W.D.Tex. 1897).
  2. [36]Id. at 354. Despite the admission of Rodriguez to citizenship, Mexicans in the Southwest suffered considerable legal repression in the decades after the U.S. conquest of that region. See generally RODOLFO ACUÑA, OCCUPIED AMERICA: A HISTORY OF CHICANOS (3rd. ed. 1988). The history of legal resistance to such repression is examined in George Martínez, Legal Indeterminacy, Judicial Discretion and the Mexican-American Litigation Experience: 1930-1980, 27 U.C. DAVIS L. REV. 555 (1994).
  3. [37]The Supreme Court subsequently drew into question the holding in Rodriguez. Morrison v. California, 291 U.S. 82, 95 n.5 (1933). The Court wrote: “Whether a person of [Mexican] descent may be naturalized in the United States is still an unsettled question. The subject was considered in Matter of Rodriguez, but not all that was there said is consistent with later decisions of this court.” For a commentator’s criticism of Rodriguez on the grounds that Mexicans are not “white persons,” see Gold, supra., at 499-501.

Compare antebellum vagrancy laws in Texas and California (California Statutes vs. Oldham and White)

Text of the California “Greaser Act” (An Act to punish Vagrants, Vagabonds, and Dangerous and Suspicious Persons,” April 30, 1855.)

Section 1. All persons except Digger Indians, who have no visible means of living, who in ten days do not seek employment, nor labor when employment is offered to them, all healthy beggars, who travel with written statements of their misfortunes, all persons who roam about from place to place without any lawful business, all lewd and common prostitutes and common drunkards may be committed to jail and sentenced to hard labor for such time as the Court, before whom they are convicted shall think proper, not exceeding ninety days.

Sec. 2. All persons who are commonly known as “Greasers” or the issue of Spanish and Indian blood, who may come within the provisions of the first section of this Act, and who go armed and are not known to be peaceable and quiet persons, and who can give no good account of themselves, may be disarmed by any lawful officer, and punished otherwise as provided by the foregoing section.

The Statutes of California, Passed at the Sixth Session of the Legislature, Begun on the First Day of January, One Thousand Eight Hundred and Fifty-Five, and Ended on the Seventh Day of May, One Thousand Eight Hundred and Fifty-Five, at the City of Sacramento (Sacramento: B.B. Bedding, State Printer, 1855), 217.

(Sections 3-5 provide for Justices of the Peace, keepers of the Jail, and Board of Supervisors’ administrative powers and duties. Section 6 states when the act will take effect.)

Text of the Texas antebellum vagrancy act (“Of Vagrants,” Act of Aug. 26, 1856[?])

Art. 891. A vagrant is an idle person, living without any visible means of support, and making no exertion to obtain a support by any honest employment.

Art. 892. It is the duty of each Chief Justice of a county and Justice of the Peace, to order the arrest of vagrants, which may be done by warrant, directed to any peace officer.

[…]

Art. 895. When a person arrested is taken before the magistrate, he shall proceed to ascertain whether he is a vagrant within the meaning of the law; and if it be found that he is, the magistrate shall make an order that such vagrant be put to labor in such a manner as the County Court may direct.

[…]

Art. 897. The County Court of each county shall, by general regulation, provide for the manner in which vagrants are to be employed, and the kind of labor to which they shall be put, which may be upon any road, bridge, or other public work of the county.

Art. 898. The County Court shall so regulate the disposal of vagrants, as that they may be compelled to labor for the first offence not more than one week, and for the second, or any subsequent offence, not more than three weeks, during which time the person so compelled to work shall be supported, and, if deserving thereof, shall be paid an additional compensation, at the direction of the County Court, out of the county treasury.

Art. 899. The municipal authorities of incorporated towns and cities may make like regulations, respecting cases of vagrancy within their respective [668] jurisdictions, and vagrants may be arrested and dealt with under the warrant of the Mayor or Recorder of such town or city; may be compelled, in like manner, to labor upon any street or public work of such town or city, and shall be supported and compensated therefor out of the treasury of the corporation, at the discretion of such municipal authorities.

George W. White and Williamson S. Oldham, eds. A Digest of the General Statute Laws of the State of Texas (Austin, Tex.: Printed by J. Marshall & Co., 1859), 667-668 (link).

 

“The governing authorities of any such city shall have the full power to define the … white race … full power to enforce … the segregation of the races” (1927 Segregation Act)

Negroes and Whites–Segregation of In Cities

S. B. No. 275.] Chapter 103.

An Act providing for the segregation or separation of the white and negro races and providing for the conferring of power and authority upon cities to pass suitable ordinance controlling the same and providing for fixing the penalty and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

Section 1. That the power and authority is hereby conferred upon the Cities of Texas to provide by suitable ordinance for the segregation of negroes and whites in any such city and to withhold permits to build or construct a house to be occupied by white people in negro communities inhabited by negroes as defined by ordinance and to withhold building permits to any negro to establish a residence on any property located in a white community inhabited by white people as defined by ordinance.

Sec. 2. That it shall be lawful for negroes and whites to enter into mutual covenants or agreements concerning their respective residence and the power and authority is conferred upon the governing body of any city to pass suitable ordinances requiring the observance of any such agreement.

Sec. 3. That the governing authorities of any such city shall have the full power to define the negro race, negro community, white race and white community.

Sec. 4. That the governing authorities of any such city shall have full power to enforce the observance of any ordinance passed leading to or providing for the segregation of the races and to require the observance thereof by appropriate penalties.

Sec. 5. That this Act shall take effect from and after its passage and shall repeal all acts in conflict herewith.

Sec. 6. On account of the fact that there does not exist any adequate requirement or law conferring upon the cities of Texas the express power to pass suitable segregation laws between the whites and colored race, and whereas on account of the fact that the peace, quiet, and tranquility of such cities are greatly affected, as well as the public health greatly menaced, creates an emergency and an imperative necessity requiring the suspension of the constitutional rule that bills be read on three several days and it is hereby suspended, and this act shall take effect and be in force from and after its passage and it is so enacted.

[Note.–The above act, though carrying the emergency clause, did not pass in the Senate by a roll call vote. Received in Executive Office March 15, 1927, and in Secretary of State’s Office March 16, 1927, without Governor’s signature.]

Effective ninety (90) days after adjournment.

H. P. N. Gammel, The Laws of Texas, 1927: Supplement Volume to the Original Ten Volumes, 1822-1897 (Austin, Texas: Gammel's Book Store, 1927), 154 (link).

See also: Full Power to Define

“The descendants of the first Islanders, the settlers of Béxar, its legitimate original masters…” (Navarro)

The descendants of the first Islanders, the settlers of Béxar, its legitimate original masters, found bold and daring ways to humiliate the arrogance of the Spanish governors. The Delgados, Arochas, Leales, Traviesos and others[59] had established privileged families in Béxar that were considered nobility from the time their fathers sailed from the Canary Islands to settle in the Province of Texas in the year 1730.

Here their well honed pride and zealous indignation against the despotic actions of the Spanish governors germinated. There could have been no opportunity more suitable for these belligerent nobles than the one provided by the reports from Mexico regarding the triumphs gained by the priest Hidalgo and the other leaders of the insurrection.

There was, nevertheless, considerable resistance to declaring a military rebellion. The principal military leaders were of Spanish origin. There were others of Mexican origin, but they restrained themselves with respectful delicacy from initiating the first rebellion against the rights of the monarchy that had ruled for three hundred years.

José Antonio Navarro, Defending Mexican Valor in Texas: José Antonio Navarro’s Historical Writings, 1853-1857, ed. David R. McDonald and Timothy M. Matovina (Austin: State House Press, 1995), 67.

Los descendientes de los primers Isleños, pobladores de Bexar como legitimos señores originals, eran los que con mas libre osadia descubrian los conatos de humillar la altaneria de los Gobernadores Españoles, Delgados, Arochas, Leales, Traviesos y otros que formaban en Bexar unas tribus privilegiadas, se consideraban los nobles desde que sus Padres vinieron de las Islas canarias á poblar la Provincia de Texas el año de 1730.

De aquí dimanaban su bien pretendido orgullo y la celoza indignacion contra las acciones despoticas de los Gobernadores Españoles. No podia haber coyuntura mas adecuada para estos resentidos nobles, que la que ofrecian las noticias de México, con respecto á los triunfos alcanzados por el cura Hidalgo y los demas Gefes insurreccionados.

Habia sin embargo, un considerable obstaculo para efectuarse el pronunciamiento: los principales Gefes Militares eran de origen Español: habia algunos otros de origen Mexicano pero estos se detenian por respetuosa delicadeza á iniciarse los primeros, contra los derechos del monarca que habia dominado por 300 años.

José Antonio Navarro, Apuntes historicos interesantes de San Antonio de Bexar (San Antonio de Bexar: publicados por varios de sus amigos, 1869), 7. Reprinted in José Antonio Navarro, Defending Mexican Valor in Texas: José Antonio Navarro’s Historical Writings, 1853-1857, ed. David R. McDonald and Timothy M. Matovina (Austin: State House Press, 1995).

  1. [59]It is beyond the scope of this work to annotate all the individuals mentioned by Navarro who were involved in the Casas Revolution and the counter-revolution. However, reference to almost all of them are in Benavides, ed. and comp., Béxar Archives. See also Chabot, ed., With the Makers of San Antonio; Chabot, ed., Texas in 1811: The Las Casas and Sambrano Revolutions (San Antonio: Yanaguana Society, 1941).

Lorenzo de Zavala’s second wife, who he married before he came to Texas, was an American widow, Emily West de Zavala. (Henson)

HOP # 5, n. 40. “… There are some prominent exceptions to the generalization that mixed marriages primarily joined Anglo men and Tejana women; Lorenzo de Zavala’s second wife, who he married before he came to Texas, was an American widow, Emily West de Zavala. Henson, Lorenzo de Zavala, 53-55.”

Meanwhile, Zavala was unconcerned about colonists. He had fallen in love during the autumn. Estranged from his wife for a number of years, Zavala doubtless had entered into amorous affairs during his time in Mexico City. Apparently he was an admirer of beautiful women. In his Viage a los Estados-Unidos, published in 1834, he said that Mexican travelers wer always surprised by the beauty of Anglo American women. With their “good color, large bright eyes, well-shaped hands and feet …” they were unusually attractive although they lacked the voluptuous walk of Mexican women. Now at age forty-two, he met a beautiful, tall, dark-eyed New York native half his age.

During his early morning walks in Battery Park near his boardinghouse, Zavala regularly noticed the attractive young woman with two small children. After discreet inquiry, he learned that her name was Mrs. Miranda West Cresswell. After a proper introduction, the young widow enjoyed the attention from the cosmopolitan gentleman. Like Pygmalion and Galatea, Zavala began educating her to suit his more sophisticated taste by giving “her an accomplished education,” according to gossips. He even changed her first name to Emily, according to a note in his journal.

On December 22, the pair sailed for France where Zavala was to recruit colonists for the Galveston Bay Company. Upon reaching Paris in February, Zavala bought “Madame [54] Zavala” new clothes, subscribed to English and French newspapers, and contracted to print 5,000 copies of his Ensayo Histórico de las Revoluciones de Megico desde 1808 hasta 1830. He had worked on this first volume of his history for the past several years.

[…]

When Zavala’s enemies in Mexico City learned about his companion, one publicly labeled him a vagabond and a libertine. From Mexico City, Mexía warned his friend that rumors about him were spreading around the capital. Zavala’s wife had died in Yucatán in April 1831, and he should have received the news in Paris in May or June. Whether her death triggered the gossip is unknown.

[…]

[55] Personal busienss required Zavala’s attention on Saturday, November 12, his second day in New York. Early in the morning he visited Father Félix Varela, the pastor of the Catholic church on Ann Street, about performing a marriage ceremony for himself and Emily, who was seven months pregnant. The couple returned to the church at eight that evening and the priest gave them his “nuptial benedictions.” Zavala dutifully noted these details in his journal.

Margaret Swett Henson, Lorenzo de Zavala: The Pragmatic Idealist (Fort Worth: Texas Christian University Press, 1996), 53-55.