Whatever image of the South one summons, it largely excludes Texas cotton farmers, even though Texas, as a slave state of the Confederacy, experienced defeat and Reconstruction and became the nation’s leading cotton-producing state by 1890.
Neil Foley, The White Scourge: Mexicans, Blacks, and Poor Whites in Texas Cotton Culture
(Berkeley: University of California Press, 1997), 1.
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.” 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.
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.
White By Law, p. 242. Notes to Chapter 3.
35. In re Rodriguez, 81 F. 337, 349 (W.D. Tex. 1897).
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).
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.
Ian F. Haney López, White By Law: The Legal Construction of Race
(New York: New York University Press, 1996), 242.
1857: Cart War in context of Anglo lynchings of Mexicans. / BB&W 49
Although the California gold rush witnessed some of the worst acts of mob violence against Mexicans, whites also resorted to savagery–in order to secure economic supremacy–on other occasions. Actions during the Texas “Cart War” of 1857 exemplify this. During the 1850s, Texas businessmen developed a freight-hauling service between Indianola and San Antonio. Frustrated at having been beaten out by the lower prices of their Mexican  rivals, white competitors resorted to murdering cartmen, driving off their oxen and burning their carts and freight. Economic rivalry with Mexicans continued to inspire retributive action by whites throughout the late nineteenth and early twentieth centuries. In 1898, a group of Gonzales, Texas men–probably poor white sharecroppers in competition with Mexican immigrants–posted this warning: “Notice to the Mexicans. You have all got ten days to leave in. Mr. May Renfro and brother get your Mexicans all off your place. If not, you will get the same they do. Signed, Whitecaps.” In the 1920s, alarm at the increasing number of Mexican laborers who settled in the Rio Grande valley contributed to the growth of the local Ku Klux Klan.
William D. Carrigan and Clive Webb, "Muerto por Unos Desconocidos
(Killed by Persons Unknown): Mob Violence against Blacks and Mexicans," in Beyond Black & White: Race, Ethnicity, and Gender in the U.S. South and Southwest
, edited by Stephanie Cole and Alison M. Parker (College Station: Texas A&M University Press, 2004), 49ff.
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.” 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. Rodriguez was thus admitted despite the court’s belief that he was not White. 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  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.
In re Rodríguez — show how the arguments made to establish him as non-white reprised key elements from the minority view: (1) disloyalty, (2) miscegenation / mestizaje, etc.; plus also added (3) discourse of scientific racism