“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

“an analysis of the persons with mixed Spanish-Anglo surnames shows that this group, taken as a component part of the Tejano population, declined in the years between 1850 and 1900” (de León and Stewart)

1850-1900: Intermarriage – decline in “persons with mixed Spanish-Anglo surnames” as an index of decline in intermarriages or “blending into white society” generally:

Indeed, other evidence suggests that the urban Tejanos resisted adopting an Anglo American way of life with equal or greater intensity than their compatriots in the countryside….

First, an analysis of the persons with mixed Spanish-Anglo surnames shows that this group, taken as a component part of the Tejano population, declined in the years between 1850 and 1900. The presence of persons with mixed surnames is indicative of a propensity toward structural assimilation since such surnames would result from a variety of Tejano behaviors aimed at blending into the white society. Such behaviors may have ranged from intermarriages or interethnic sexual relations to simply modifying one’s name to better fit the Anglo mold. What statistics show is that the extent of such assimilating behavior decreased. In 1850, for example, for every 100 persons in urban environments with Spanish surnames, there were 14 with mixed Spanish-Anglo surnames. By 1900, this number had dropped to just 3, and in rural areas the trend was the same.[15] Thus, to the extent [89] that mixed names resulted from conduct aimed at merging into white society, then resistance to such behavior increased both in cities and in rural settings during the nineteenth century.

Arnoldo de León and Kenneth L. Stewart, Tejanos and the Numbers Game: A Socio-Historical Interpretation from the Federal Censuses, 1850-1900 (Albuquerque: University of New Mexico Press, 1989), 88-89.

  1. [15]There were 11 persons with mixed Spanish-Anglo surnames for every 100 Spanish surnames in rural areas in 1850. By 1900, the number of mixed surnames dropped to 1 per 100 Spanish surnames. Admittedly, other factors such as the leveling out of the sex ratio among Anglos between 1850 and 1900 may have influenced this decline in the number of mixed surnames. Nonetheless, we take it also to be an indication of the increased degree of resistance to assimilation on the part of the Mexicans of Texas.

“Residential segregation, therefore, did not occur in a single pattern in the cities of south, central, and west Texas during the nineteenth century” (de León and Stewart)

1900: residential segregation numbers for San Antonio, Brownsville, Corpus, El Paso, Laredo.

Table 5.8 reports the indices of segregation for five cities [87] in 1900.[14] The index of segregation is expressed as the percentage of Tejanos or Anglos that would have to residentially relocate from one of the city’s wards to another if both Tejanos and Anglos were represented in each ward in proportion to their presence in the total citywide population. Generally, a small index of segregation indicates residential diffusion of an ethnic group across the wards of a city, while a larger index results when an ethnic population is disproportionately clustered into only some of the wards.

Table 5.8
Indices of Segregation for Five South, Central, and West Texas Cities, 1900
City Tejanos Anglos
Brownsville 3.33% 20.06%
Corpus Christi 26.58% 34.39%
El Paso 25.64% 22.10%
Laredo 5.16% 34.38%
San Antonio 42.82% 10.59%

Overall, the indices in Table 5.8 demonstrate three different patterns of residential segregation among Tejanos and Anglos in the cities of south, central, and west Texas. The first is illustrated by the southern-most cities–Brownsville and Laredo–where the majority of the population were Tejanos. In these cities, the low index of segregation for Tejanos shows that Mexican Americans were quite generally distributed across the city wards, while the higher index for Anglos indicates more residential clustering. In San Antonio, where whites were a majority of the city’s population, the opposite patterns developed where Anglos were more generally distributed across the city and Tejanos clustered into a few wards. The third situation is illustrated by Corpus Christi and El Paso, cities where neither Tejanos nor Anglo Americans dominated the citywide population. In these [88] cities, the indices of segregation were relatively large for both groups, indicating that each group was residentially clustered into separate areas.

Residential segregation, therefore, did not occur in a single pattern in the cities of south, central, and west Texas during the nineteenth century….

Arnoldo de León and Kenneth L. Stewart, Tejanos and the Numbers Game: A Socio-Historical Interpretation from the Federal Censuses, 1850-1900 (Albuquerque: University of New Mexico Press, 1989), 86-88.

  1. [14]For detailed discussion of the index of segregation, see Otis Dudley Duncan and Beverly Duncan, “Residential Distribution and Occupational Stratification,”American Journal of Sociology, 60 (1955), 493-503. Also see, Karl E. Taeuber and Alma F. Taeuber, Negroes in Cities: Residential Segregation and Neighborhood Change (Chicago: Atheneum, 1965), pp. 195-245.

“Dual wage systems and unequal occupational stratification were the direct outgrowths of these beliefs” (de León and Stewart)

1800s: Labor segregation, “Mexican work” and wage discrimination.

The Tejanos of the nineteenth century held a subordinate position within the state’s economy. Several factors contributed to this condition, with the most obvious one being the disparaging attitude of Anglos who stereotyped Mexicans as suitable for a certain range of low-level occupations. From the viewpoint of white society, “Mexican work” involved the restriction of Tejano laborers to sundry types of servant work plus grubbing and cotton picking in farm lands. Anglo lore even held that the Creator had meant the Mexican for certain ranch tasks, particularly sheepherding. Dual wage systems and unequal occupational stratification were the direct outgrowths of these beliefs.[1]

Arnoldo de León and Kenneth L. Stewart, Tejanos and the Numbers Game: A Socio-Historical Interpretation from the Federal Censuses, 1850-1900 (Albuquerque: University of New Mexico Press, 1989), 31.

  1. [1]Mario Berrera, Race and Class in the Southwest: A Theory of Racial Inequality (Notre Dame: University of Notre Dame Press, 1979), pp. 43-45.

“Further, they sought to assert their contention that they were Caucasian, as LULACers did in 1936 when the U.S. Bureau of the Census ruled that Mexicans be identified as ‘non-white’.” Administrative classification, school segregation, and LULAC. (De Leon)

LULAC’s commitment was to improving the human condition for all within the Mexican community regardless of class, even nativity. Though the organization restricted membership to the native born, it did accept those who were naturalized (the organization argued that the foreign born had their defenders in the Mexican consul, but LULAC leaders worked closely with the consuls in cases involving Mexican nationals). Ideologically, LULAC sought to act upon old problems. LULACers still combated the entrenched racist sentiments holding that Mexicans were “unclean” and the Anglo contention that Mexican Americans were not white folks.[20] In response, the organization launched efforts to secure civil liberties and access to opportunity by trying to overturn segregation; in their view the practice stood out as the most personal reminder that Anglo Americans considered Mexican Americans second-class citizens.[21] Further, they fought to assert their contention that they were Caucasian, as LULACers did in 1936 when the U.S. Bureau of the Census ruled that Mexicans be identified as “non-whites.” Protest from LULAC councils across the state forced the Census Bureau to retract the categorization. Similar pressure exerted upon the Social Security Administration that same year forced the Social Security Board to accept the application of Mexican Americans as white.[22]

Similarly, the league worked doggedly to pry open more opportunities in education. It initially challenged school segregation in the case of Independent School District, et al. v. Salvatierra (1931) arguing for an end to the deliberate segregation of Mexican children in Del Rio. A Texas Court of Civil Appeals ruled that arbitrary segregation was unjust but sided with school officials who contended that the students’ retention of the Spanish language made segregation necessary.[23] Without funds to follow up on Salvatierra, LULAC pursued other tactics, such as going before school districts and conferring with administrators to argue for better teaching for Mexican-American children. To disseminate their faith in education, LULACers organized evening schools in barrios and conducted meetings that focused on the topic of U.S. citizenship. They also undertook fundraisers to subsidize the education of good student prospects who might become skilled workers, lawyers, doctors, and teachers.[24]

De Leon, Mexican Americans in Texas, 102.

  1. [20]De León, Ethnicity in the Sunbelt, pp. 81, 86, 87-89; Montejano, Anglos and Mexicans in the Making of Texas, p. 232.
  2. [21]García, Rise of the Mexican American Middle Class, pp. 301-302; Guadalupe San Miguel, Jr., “Let All of Them Take Heed”: Mexican Americans and the Campaign for Educational Equality in Texas, 1910-1981 (Austin: University of Texas Press, 1987), p. 76.
  3. [22]Mario T. García, “Mexican Americans and the Politics of Citizenship,” New Mexico Historical Review, LIX (April, 1984), 188, 198-199, 200-201.
  4. [23]Everett Ross Clinchy, “Equality of Opportunity for Latin Americans in Texas” (Ph.D. Dissertation, Columbia University, 1954), pp. 188-189.
  5. [24]García, Rise of the Mexican American Middle Class, p. 272; San Miguel, “Let All of Them Take Heed,” p. 81; Márquez, LULAC, pp. 28-29.

“lawyers for Mexican Americans moved away from the old claim that Mexican Americans were white people” — Cisneros and Civil Rights Law (de Leon)

But newer middle-class organizations also surfaced out of el movimiento, among them the Mexican American Legal Defense and Education Fund (MALDEF), founded in 1968. Funded by government grants and private corporations, MALDEF–reflecting a posture between the old guard from the Mexican American Generation and the newer militancy–worked through the courts to protect Mexican-American rights. It assailed, for instance, practices that marred equal educational opportunities, such as discriminatory school funding or continued segregation. In so doing, it took several cases into the courts, among the most famous being Cisneros v. Corpus Christi Independent School District (1970).[13]

As school officials utilized the accepted Mexican-American classification of “white” as a subterfuge in school desegregation and continued the pattern of excluding Mexican Americans from Anglo schools, lawyers for Mexican Americans moved away from the old claim that Mexican Americans were white people. Attorneys adopted the position that Mexican Americans must be recognized as an “identifiable ethnic group.” This new categorization would circumvent the ploy used by Anglo-controlled school boards of using Tejanos (classified as white) to “integrate” certain schools. The Mexican-American community was gratified when in June 1970, a federal district judge ruled that Mexican Americans could be considered an identifiable ethnic minority and that the equal protection of the law guaranteed under the Fourteenth Amendment applied to them. Though the case was appealed, in 1973 the United States Supreme Court acknowledged the separate legal status of Mexican Americans. For MALDEF, the decision provided an important legal mechanism for its desegregation cases.[14]

Arnoldo de Leon, Mexican Americans in Texas, 129.

(footnotes to follow)

  1. [13]San Miguel, “Let All of Them Take Heed,” pp. 177-181; García, Chicanismo, p. 11.
  2. [14]San Miguel, “Let All of Them Take Heed,” pp. 177-181. Guadalupe San Miguel, Jr., “Mexican American Organizations and the Changing Politics of School Desegregation in Texas, 1945-1980,” Social Science Quarterly, 63 (December, 1982), 710.

“Mexicans are different to negroes and are recognized as Americans.” “Money Whitens” (Montejano)

From David Montejano, Anglos and Mexicans in the Making of Texas, 1836-1986, 84-85:

Landed Mexicans represented the complicating factor in the Mexican-Anglo relations of the frontier period. Even during the worst times of Mexican banditry, the permanent Mexican residents who were landowners were seen as “good citizens” while the large “floating” population temporarily employed on ranches were seen as sympathizers of the raiders.[27] Similar distinctions were made in the less dramatic, daily encounters. For example, in her first trip to Corpus Christi in 1870, Mrs. Susan Miller of Louisiana stopped at the State Hotel and “was horrified to see Mexicans seated at the tables with Americans. I told my husband I had never eaten with Mexicans or negroes, and refused to do so. He said ‘Mexicans are different to negroes and are recognized as Americans. However, I will speak to the manager and see if he will not put a small table in one corner of the room for you. He did so and we enjoyed our meal.”[28] Evidence of inconsistent patterns at times comes from ironic sources. They indicate, nonetheless, that not all Mexicans were seen or treated as inferior. In fact, most pioneers, especially merchants and officials, were quite adept at drawing the distinction between the landed “Castilian” elite and the landless Mexican. Thus, L. E. Daniell, author of Successful Men in Texas (1890), described the physical appearance of prominent “Canary Islander” José Maria Rodríguez as “five feet nine inches in height, complexion dark, but not a drop of Indian blood in his veins.” As if to emphasize this point, Daniell added that Rodríguez had ïn his veins the blood of the most chivalric Knights that made the Olvie of Spain respected wherever a Knightly name was known.”[29]

The well-known aphorism about color and class explains the situation on the Mexican frontier–“money whitens.” The only problem for upper-class Mexicans was that this principle offered neither consistent nor permanent security in the border region. Certainly it did not protect them from the racial opinion of many Anglos. One descendant of this upper class described their reaction as follows: “Now that a new country has been established south of the Rio Grande they call our people Mexicans. They are the same people who were called Spaniards only a short time ago. Some say the word in such a bitter way that it sounds as if it were a crime to be a Mexican. My master says he is one, and is proud to be [85] one. That he is a member of the white race, whether he be called Mexican or not.”[30]

[N.B.: The closing quote is from a 1935 “folk history” of the area told from the perspective of a Mesquite tree.]

 

  1. [27] Dobie, Vaquero of the Brush Country, p. 69; Graf, “Economic History,” p. 625.
  2. [28] Miller, Sixty Years, pp. 15, 175.
  3. [29] Daniell, Types of Successful Men, p. 340.
  4. [30] Zamora O’Shea, El Mesquite, p. 59.

“The Matter of Race … a race situation,” labor segregation (Montejano)

From David Montejano, Anglos and Mexicans in the Making of Texas, 1836-1986, 82-84.

The Matter of Race

Mexican-Anglo relations in the late nineteenth century were inconsistent and contradictory, but the general direction pointed to the formation of a “race situation,” a situation where ethnic or national prejudice provided a basis for separation and control. The paternalism of the Anglo patrones and the loyalty of their Mexican workers did not obscure the anti-Mexican and anti-Anglo sentiments and divisions of the ranch world.

In the late nineteenth century, these race sentiments, which drew heavily from the legacy of the Alamo and the Mexican War, were maintained and sharpened by market competition and property disputes. Every conflict provided an opportunity for a vicarious recreation of previous battles. The Mexican cattle “thieves” of the 1870s, for example, claimed they were only taking “Nana’s cattle”–Grandma’s cattle–and that “the gringos” were merely raising cows for the Mexicans. Texas ranchman William Hale presented the other [83] point of view: “Killing a Mexican was like killing an enemy in the independence war.” Since this was a conflict “with historic scores to settle [Goliad and the Alamo] the killing carried a sort of immunity with it.”[21] The English lady Mary Jaques, who spent two years on a central Texas ranch in the late 1880s, noted in her journal that it was difficult to convince Texans that Mexicans were human. The Mexican “seems to be the Texan’s natural enemy; he is treated like a dog, or, perhaps, not so well.” What especially upset Lady Jaques, however, was the assimilation of such instincts by educated Englishment who had settled in Texas. Describing the commotion over plans to lynch a Mexican, Jaques remarked: “It seems scarcely credible that even a fairly educated Englishman, holding a good position in Junction City, an influential member of the Episcopalian Church, should have become so imbued with these ideas that he … gleefully boasted that he had the promise of the rope on which the ‘beast’ swung, and also of his scalp as a trophy. ‘I have one Mexican scalp already,’ he exclaimed.”[22] For both Anglos and Mexicans, the power of assimilation made actual participation in the Texas Revolution or Mexican War an irrelevant point. These shared memories simply provided a context for the ongoing conflict of the day.

The basic rules regarding Mexicans on many ranches called for a separation of Mexican and Anglo cowboys and a general authority structure in which Anglo stood over Mexican. As Jaques noted in 1889, the Texans ate in the ranch dining room and “would have declined to take their meals with the Mexicans.” The Mexicans, for their part, “camped out with their herds” and cooked their weekly ration of flour, beans, and other groceries.[23] Likewise, underneath the much-discussed paternalism of the King Ranch and the loyalty of the vaqueros was a clear hierarchy of authority along race lines. Trail driver Jeff Connolly of Lockhart, Texas, recalled the days of herding King Ranch cattle to the Red River: “The only white men with the herd were Coleman and myself, the balance of the bunch being Mexicans. All the old-timers know how King handled the Mexicans–he had them do the work and let the white men do the bossing.”[24] Nor were these bosses ordinary “white men.” The ranch foremen and subordinate bosses were, as a rule, former Texas Rangers. An apparent exception to this pattern was Lauro Cavazos, descendent of the San Juan Carricitos grantees. Cavazos worked as foreman of the ranch’s Norias Division, which comprised the old San Juan Carricitos grant.[25] Cavazos, however, was not actually an exception to the postwar authority structure, for there was no problem with Mexicans bossing other Mexicans.

This understanding about authority was carried well into the [84] twentieth century. Again, J. Frank Dobie provides the clearest statement of the practice: on the smaller ranches and stock farms in the Lower Valley, the Mexicans were managed by Anglo owners or bosses; on the larger ranches, the mayordomo (overseer) was usually Anglo, but the caporales (straw bosses) were often Mexican. However, if “white hands” worked alongside Mexicans, then the caporal was “nearly always white.”[26]

 

  1. [21] William Hale, Twenty-Four Years a Cowboy and Ranchman in Southern Texas and Old Mexico, p. 137; John H. Culley, Cattle, Horses, and Men, p. 103; Dobie, Vaquero of the Brush Country, pp. 54-56; González, “Social Life,” p. 11; Hunter, Trail Drivers, 2:938-939.
  2. [22] Mary J. Jaques, Texas Ranch Life, pp. 361-362.
  3. [23] Ibid., p. 61.
  4. [24] Hunter, Trail Drivers, 1:187.
  5. [25] Lea, King Ranch, 2:497, 638-639; also 100 Years.
  6. [26] Dobie, “Ranch Mexicans,” p. 168; see also John Hendrix, If I Can Do It Horseback, p. 32.