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.

“All Negroes and Indians … shall be incapable of being a witness in any case whatever, except for or against each other” (Oldham and White, 1859)

Art. 448 [65] from Oldham and White (1859), 120, also gives a standard for racial definition.

Witnesses, who are incompetent.

Art. 448. [65] All Negroes and Indians, and all persons of mixed blood, descended from negro ancestry, to the third generation inclusive, though one ancestor of each generation may have been a white person, shall be incapable of being a witness in any case whatever, except for or against each other.[b]

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), 120 (link).

 

 

  1. [b]Negro testimony is inadmissible in all cases, except for and against each other. Rice v. Lemon, 16 Tex. Rep. 593.

Sistema de Castas and the Casta Paintings

Las Castas – Spanish Racial Classifications

Wikipedia:Casta: “A casta (Spanish: [ˈkasta], Portuguese: [ˈkastɐ, ˈkaʃtɐ]) was a hierarchical system of race classification created by Spanish elites (españoles) in Hispanic America during the eighteenth century. The sistema de castas or the sociedad de castas was used in 17th and 18th centuries in Spanish America and Spanish Philippines to describe as a whole and socially rank the mixed-race people who were born during the post-Conquest period. The process of mixing ancestries in the union of people of different races was known as mestizaje. A parallel system of categorization based on the degree of acculturation to Hispanic culture, which distinguished between gente de razón (Hispanics, literally, “people of reason”) and gente sin razón (non-acculturated natives), concurrently existed and supported the idea of the racial classification system.”

casta_painting_all

Wikipedia:File:Casta_painting_all.jpg

De negra é india sale lobo.

zambo

Wikipedia:File:Zambo.jpg

De mestizo é india sale Coiote

coiote

Wikipedia:File:Coiote.jpg