128ff: “Letter from Chapultepec” and the question of race and skin color
“The tenth point of the manifesto related directly to ethnic Mexicans and the question of color. People of Mexican descent, they wrote, ‘are called “brown people,” “greasers,” et cetera and of course want to be called white.’ … The term brown people marked them as a nonwhite group, which could hurt their claims to whiteness in a place that considered anyone with African roots ‘colored.'”
149ff: “Letter from Chaptultepec” praised by and used as model by black branch of YWCA
“More problems arose when the African American branch of the YWCA discovered the letter and used it for their own purposes: ‘They heard about our [i.e. ethnic Mexicans’] problems and they said, “We have some problems too,”‘ said Estela Gómez of members of the black branch that contacted her. ‘”You did a great thing writing all of those things down.”‘ The African American women asked club officers Cortés and Gómez if they could publish the letter in their organization’s magazine, the Occasional Papers (“a quarterly publication for Negro [YWCA] branches”), and they agreed.’
143-146: segregation and Houston ship channel dockworkers
“the Mexican was a whole lot more decent man than the Negro”
“IF we let this union fall through our jobs will go to the Negroes”
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.
C. H. Jenkins, The Revised Civil Statutes of Texas, 1925, Annotated, (Austin: H. P. N. Gammel Book Co., 1925), vol. 1, p. 1036.↩
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.↩
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.” 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.
Irrespective of the use of violence, however, it may seem that at this coercive level laws construct races only at the margins. Granting that races are social constructions, some may suggest that legal rules patrol only the borders between races, resolving just those rare cases not already clearly defined within the underlying social systems of racial division. Arguably, only the person not clearly White or Black has her race determined in a prerequisite case or by her neighborhood. However, a focus on the coercive aspect of law seems to explain more than just the legal construction of race at the margins. Certainly the prerequisite cases legally established the legal identity of groups we now regard as firmly at the core of racial categories, for example the Japanese, and Jim Crow laws were indispensable in maintaining and even extending the social differentiation established through the slave codes and threatened during Reconstruction. Nevertheless, the explanatory power of this model should be questioned. How does law-as-coercion explain the continuing significance of race in a  postsegregation era? If races have been created through coercion, why hasn’t the end to the legal enforcement of racial differences been followed by a collapse in racial systems? Or, what can such a model tell us about the prevalent belief that races are legally fashioned? If races have been imposed, why is it that the vast majority of people embrace race so willingly? And why do these same people so vigorously deny that they have been coerced into a racial identity? Races are much more deeply embedded in our society than a theory of law-as-coercion would seem to explain. If law is a full participant in the construction of races, it must fashion races through some additional mechanism besides simple direct behavioral control.
Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 122ff.
California – People v. Hall (1854) — Chinese testimony grouped with Black and Indian by construction, “Black” as generic term =df non-White, the reverse of arguments made in Texas 1845 state convention. / WBL 51ff
Unsurprisingly, this early social treatment of Chinese as akin to Blacks also found legal expression. For example, in the 1854 case People v. Hall the California Supreme Court heard the appeal of a White defendant challenging his conviction for murder. He appealed on the grounds that he was convicted only through the testimony of a Chinese witness, and that this testimony should have been excluded under an 1850 statute providing that “no Black, or Mulatto person, or Indian shall be allowed to give evidence in favor of, or against a White man.” The court agreed with the defendant that the Chinese witness was barred from testifying by the 1850 statute, reasoning that Indians originally migrated from Asia, and so all Asians were conversely also Indian, and that, at any rate, “Black” was a  generic term encompassing all non-Whites, and thus included Chinese persons. This legal equation of Chinese and Black status was not temporally or geographically unique. Three-quarters of a century later and across the country, Mississippi’s Supreme Court reached a similar decision, holding in 1925 that school segregation laws targeting the “colored race” barred children of Chinese descent from attending schools for White children. Given their social and legal negroization, it may well have been easier for the Chinese and other immigrants to argue their qualification for citizenship as Blacks rather than as Whites.
Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996), 51ff.