“In Texas, unlike in other parts of the South, whiteness meant not only not black but also not Mexican” (Foley)

In rupturing the black-white polarity of southern race relations, the presence of Mexicans in central Texas raises some interesting questions about the way in which “whiteness” itself fissured along race and class lines. White Texans had a long history of invoking the color line in their social, economic, and political interactions with African Americans, but they had little experience in plantation society with what one contemporary sociologist called “partly colored races.”[12] Were partly colored Mexicans, in other words, white or nonwhite? As a racially mixed group, Mexicans, like Indians or Asians, lived in a black-and-white nation that regarded them neither as black nor as white. Although small numbers of Mexicans–usually light-skinned, middle-class Mexican Americans–claimed to be Spanish and therefore white, the overwhelming majority of Texas whites regarded Mexicans as a “mongrelized” race of Indian, African, and Spanish ancestry. In Texas, unlike in other parts of the South, whiteness meant not only not black but also not Mexican.[13]

Neil Foley, The White Scourge: Mexicans, Blacks, and Poor Whites in Texas Cotton Culture (Berkeley: University of California Press, 1997), 5.

 

  1. [12]Mnax Sylvius Hindman, “Economic Reasons for the Coming of the Mexican Immigrant,” American Journal of Sociology 35 (January 1930): 609-10; and idem, “The Mexican Immigrant in Texas,” Southwestern Political and Social Science Quarterly 7 (June 1926): 37.
  2. [13]For the growing literature on working-class constructions of whiteness, see David Roediger, The Wages of Whiteness: Race and the Making of the American Working Class (London and New York: Verso, 1991); idem, Towards the Abolition of Whiteness: Essays on Race, Politics, and Working-Class History (London and New York: Verso, 1994); Eric Lott, Love and Theft: Blackface Minstrelsy and the American Working Class (New York: Oxford University Press, 1993); Theodore W. Allen, The Invention of the White Race, vol. 1, Racial Oppression and Social Control (London and New York: Verso, 1994); Noel Ignatiev, How the Irish Became White (New York and London: Routledge, 1995); and Alexander Saxton, The Rise and Fall of the White Republic: Class Politics and Mass Culture in Nineteenth-Century America (London and New york: Verso, 1990). On the legal construction of whiteness, see Ian F. Haney López, White By Law: The Legal Construction of Race (New York: New York University Press, 1996); and Cheryl I. Harris, “Whiteness as Property,” Harvard Law Review 106 (June 1993): 1709-91. On racial formation and the gendered construction of racial ideologies, see Howard Winant, Racial Conditions: Politics, Theory, Comparisons (Minneapolis: University of Minnesota Press, 1994); Evelyn Brooks Higginbotham, “African American Women’s History and the Metalanguage of Race,” Signs 17 (Winter 1992): 251-74; Peggy Pascoe, “Miscegenation Law, Court Cases, and Ideologies of ‘Race’ in Twentieth-Century America,” Journal of American History 83 (June 1996): 44-69; Ruth Frankenberg, White Women, Race Matters: The Social Construction of Whiteness (Minneapolis: University of Minnesota Press, 1993); and Vron Ware, Beyond the Pale: White Women, Racism, and History (London and New York: Verso, 1992). See also Barbara J. Fields, “Ideology and Race in America,” in Region, Race, and Reconstruction: Essays in Honor of C. Vann Woodward, ed. J. Morgan Kousser and James M. McPherson (New York: Oxford University Press, 1982), 143-77; Thomas C. Holt, “Marking: Race, Race-Making, and the Writing of History,” American Historical Review 100 (February 1995), 1-20; and Ronald Takaki, Iron Cages: Race and Culture in 19th-Century America (Seattle: University of Washington Press, 1979).

“We Were Too White to Be Black and Too Black to Be White,” Tyina L Steptoe (2016)

PDF Document
Tyina L Steptoe (2016) – We Were Too White to Be Black and Too Black to Be White

 

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”

“Texans remained in a virtual state of war for nearly fifty years … an Anglo-Texan strategy and a policy … the deliberate ethnic cleansing of … people of color” (Anderson)

Texans remained in a virtual state of war for nearly fifty years, the longest continuous struggle of its kind in American history. Indeed, the fighting subsided only with the defeat of the Comanche and Kiowa during the Red River campaigns of 1874-1875. Although the following statement may seem “presentistic” to some, in hindsight the conflict can be seen for what it was: an Anglo-Texan strategy and a policy (at first haphazard, debated, and even at times abandoned) that gradually led to the deliberate ethnic cleansing of a host of people, especially people of color.[2]

Gary Clayton Anderson, The Conquest of Texas: Ethnic Cleansing in the Promised Land, 1820-1875 (Norman: University of Oklahoma Press, 2005), 7.
  1. [2]To those readers who believe that “presentist” arguments are unfair, I would suggest that as an explanatory model, ethnic cleansing sheds much useful light. And it is well understood. For further reading, see Norman M. Naimark, Fires of Hatred: Ethnic Cleansing in Twentieth-Century Europe (Cambridge, Mass.: Harvard University Press, 2001), and George J. Andreopoulos, Genocide: Conceptual and Historical Dimensions (Philadelphia: University of Pennsylvania Press, 1994).

1936, El Paso: Bureau of Vital Stats reclassifies Mexicans as “colored” population (Foley)

In 1936, in El Paso, Texas, white city officials challenged the traditional classification of Mexicans as whites in the city’s birth and death records. The county health officer, T. J. McCamant, and Alex K. Powell, the city registrar of the Bureau of Vital Statistics, adopted a new policy of registering the births and deaths of Mexican-descent citizens as “colored” rather than “white.”[14] Both McCamant and Powell claimed that they were simply following the regulations established by the Department of Commerce and Bureau of the Census and that officials in Dallas, Fort Worth, Houston, and San Antonio used the same classification system.[15] McCamant also acknowledged that changing the classification of Mexicans from white to colored automatically lowered the infant mortality rate for whites in a city where Mexicans comprised over sixty percent of the population, most of whom were poor and suffered higher rates of infant mortality than did whites. Because the El Paso Chamber of Commerce had hoped to market El Paso as a health resort for those suffering from tuberculosis and other ailments, it became [131] necessary to disaggregate Mexicans from the white category on birth records and to move them into the colored category, thereby automatically lowering the infant mortality rate for “non-Hispanic whites.”

The Mexican American community of El Paso, as well as Mexicans across the border in neighboring Juarez, became furious over this racial demotion and mobilized to have their whiteness restored. Members of the El Paso council of the League of United Latin American Citizens and other community leaders immediately filed an injunction in the Sixty-fifth district court. Cleofas Calleros, a Mexican American representative of the National Cahtolic Welfare Council of El Paso, wrote to the attorney representing the twenty-six Mexican Americans who had filed the injunction, “Is it a fact that the Bureau [of the Census] has ruled that Mexicans are ‘colored’, meaning the black race?”[16]

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), 130-131.
  1. [14]Herald-Post, Oct. 6 and 7, 1936; La Prensa (San Antonio), Oct. 10, 1936; and New York Times, Oct. 21, 1936, in Cleofas Calleros Collection, University of Texas at El Paso, hereafter cited as CCC. All references from this collection are from box 28, folder 1 (“Color Classification of Mexicans”). See also Mario García, “Mexican Americans and the Politics of Citizenship: The Case of El Paso, 1936,” New Mexico Historical Review 59 (Apr., 1984): 187-204. García, who based his article on the same file from the Calleros collection, argues that Mexican American leaders used the controversy over racial classification of Mexicans “to show Anglo leaders that Mexicans would not accept second-class citizenship.” (p. 201). While that is no doubt true, García mistakenly argues that Mexican Americans used the politics of citizenship rather than race in forging racial identities as whites. As Caucasians, Mexican Americans asserted their own racial superiority over African Americans and other “people of color.”
  2. [15]Mr. Calleros to Mr. Mohler, memo, Oct. 9, 1936, p. 1, CCC.
  3. [16]Ibid., p. 2.

“Such a conflation created a two-race system–whites and ‘others.'” (Deutsch)

When Harjo and his fellow Snakes returned gunfire, two men, including the son of the sheriff, died in the battle. The white newspapers had a field day, vastly inflating the numbers killed and declaring “WAR WITH SNAKES.” Posses roamed the countryside arresting Indians and blacks. They burned Harjo’s house and looted others, under the guise of putting down a rebellion. White papers demanded “protection and Indian suppression”; the mayor of Henryetta declared, “The Snake Indians and the negroes affiliated with them are a menace to the country and should be captured.”[46] The local federal Indian agent maintained that Harjo would have to admit that “this was going to be a white man’s country.”[47]

The white posse and its allies had strategically conflated freedmen from everywhere, blacks of all sorts, and Creek resisters. Such a conflation created a two-race system–whites and “others.” In this case, “blacks” (unlike in the state’s constitution) became “Indians.” Engaging the script of the Anglo western conquest allowed these whites to pose the eradication of a black settlement as a final Indian engagement, a legitimized whitening of the West against a known external enemy.

Sarah Deutsch, "Being American in Boley, Oklahoma," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, ed. Stephanie Cole and Alison M. Parker, 97-122 (College Station: Texas A&M University Press, 204) Deutsch, Sarah. “Being American in Boley, Oklahoma,” in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, edited by Stephanie Cole and Alison M. Parker, 97-122. College Station: Texas A&M University Press, 2004., 113.
  1. [46]Quoted in Littlefield and Underhill, “The ‘Crazy Snake Uprising,'” pp. 323-24.
  2. [47]Kelsey quoted in Kenneth Waldo McIntosh, “Chitto Harjo, The Crazy Snakes and the Birth of Indian Political Activism in the Twentieth Century” (Ph.D. dissertation, Texas Christian University, 1993), p. 136. The troops never found Harjo, who had sought refuge among the Choctaw Snakes and died in 1911.

“Aiding or inciting a slave insurrection was not defined specifically as a crime until surprisingly late in the development of Texas’ slave code” (Campbell)

1854: Tex. state law passed to punish aiding, planning, or inciting a slave rebellion–N.B. proximity to Columbus expulsions &c.

Aiding or inciting a slave insurrection was not defined specifically as a crime until surprisingly late in the development of Texas’ slave code. An act of December, 1837, provided the death penalty for free blacks found guilty of “insurrection, or any attempt to excite it,” but no law encompassing whites as well as blacks and specifying aiding, planning, or inciting a slave rebellion was passed until 1854. The crime was punishable by death until a revision of the state’s penal code in 1858 reduced the penalty to a prison sentence of ten years to life. “Insurrection of slaves” was defined as an “assemblage of three or more, with arms, with intent to obtain their liberty by force.” After 1858 the law also provided a penalty of five to fifteen years in prison for any person who tried to render a slave “discontented with his state of slavery.”[13]

Randolph B. Campbell, An Empire for Slavery: The Peculiar Institution in Texas, 1821-1865. Baton Rouge: Louisiana State University Press., 102.

 

  1. [13]Gammel (comp.), Laws of Texas, III, 1511; Oldham and White (comps.), Digest of the General Statute Laws, 539. Oliver C. Hartley (comp.), A Digest of the Laws of Texas (Philadelphia, 1850), the most recent digest made before a general revision began in the mid-1850s, had no law specifying penalties for inciting slave insurrection.

“Without exception, every Mexican in the county was implicated…” (Scraps of Newspaper, Olmsted)

Contemplated Servile Rising in Texas.

The Galveston News publishes the following in relation to the late contemplated negro insurrection in Colorado county:

Columbus, Colorado Co., Sept. 9, 1856

The object of this communication is to state to you all the facts of any importance connected with a recent intended insurrection.

Our suspicions were aroused about two weeks ago, when a meeting of the citizens of the county was called, and a committee of investigation appointed to ferret out the whole matter, and lay the facts before the people of the county for their consideration. The committee entered upon their duties, and in a short time, they were in full possession of the facts of a well-organized and systematized plan for the murder of our entire white population, with the exception of the young ladies, who were to be taken captives, and made the wives of the diabolical murderers of their parents and friends. The committee found in their possession a number of pistols, bowie-knives, guns, and ammunition. Their passwords of organization were adopted, and their motto, “Leave not a shadow behind.”

Last Saturday, the 6th inst., was the time agreed upon for the execution of their damning designs. At a late hour at night, all were to make one simultaneous, desperate effort, with from two to ten apportioned to nearly every house in the county, kill all the whites, save the above exception, plunder their homes, take their horses and arms, and fight their way on to a “free State” (Mexico).

[504] Notwithstanding the intense excitement which moved every member of our community, and the desperate measures to which men are liable to be led on by such impending danger to which we have been exposed by our indulgence and lenity to our slaves, we must say the people acted with more caution and deliberation than ever before characterized the action of any people under similar circumstances.

More than two hundred negroes had violated the law, the penalty of which is death. But, by unanimous consent, the law was withheld, and their lives spared, with the exception of three of the ringleaders, who were, on last Friday, the 5th inst., at 2 o’clock P.M., hung, in compliance with the unanimous voice of the citizens of the county.

Without exception, every Mexican in the county was implicated. They were arrested, and ordered to leave the county within five days, and never again to return, under the penalty of death. There is one, however, by the name of Frank, who is proven to be one of the prime movers of the affair, that was not arrested; but we hope that he may yet be, and have meted out to him such reward as his black deed demands.

We are satisfied that the lower class of the Mexican population are incendiaries in any country where slaves are held, and should be dealt with accordingly. And for the benefit of the Mexican population, we would here state, that a resolution was passed by the unanimous voice of the county, forever forbidding any Mexican from coming within the limits of the county.

Peace, quiet, and good order are again restored, and, by the watchful care of our Vigilance Committee, a well-organized patrol, and good discipline among our planters, we are persuaded that there will never again occur the necessity of a communication of the character of this.

Yours respectfully,

John H. Robson,
H.A. Tatum,
J.H. Hicks.
} Cor. Com.

The Galveston News, of the 11th nst. has also the following paragraph:

“We learn, from the Columbian Planter, of the 9th, that two of the negroes engaged in the insurrection at Columbus were whipped to death; three more were hung last Friday, and the Mexicans who were implicated were ordered to leave the country. There was no proof against these last beyond surmises. The band had a deposit of arms and ammunition in the bottom. They had quite a number of guns, and a large lot of knives, manufactured by one of their number. It was their intention to fight their way to Mexico.”

[From the True Issue, Sept. 5]

We noticed last week the rumor that a large number of slaves, of Colorado county, had combined and armed themselves for the purpose of fighting their way into Mexico. Developments have since been made of a much more serious nature than our information then indicated. It is ascertained that a secret combination had been formed, embracing most of the negroes of the county, for the purpose of not fleeing to Mexico, but of murdering the inhabitants–men, women, and children promiscuously. To carry out their hellish purposes, they had organized into companies of various sizes, had adopted secret signs and passwords, sworn never to divulge the plot under the penalty of death, and had elected captains and subordinate officers to command the respective companies. They had provided themselves with some fire-arms and home-made bowie-knives, and had appointed the time for a simultaneous movement. Some two hundred, we learn, have been severely punished under the lash, and several are now in jail awaiting the more serious punishment of death, which is to be inflicted to-day. One of the principal instigators of the movement is a free negro, or one who had been permitted to control his own time as a free man.

Frederick Law Olmsted, A Journey Through Texas; or, a Saddle-Trip on the Southwestern Frontier (New York: Dix, Edwards & Co, 1857), 503-504.

 

“Black was a generic term encompassing all non-Whites” in People v. Hall, California 1854 (Haney López)

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.”[6] 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 [52] generic term encompassing all non-Whites, and thus included Chinese persons.[7] 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.[8] 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.

 

  1. [6]Ozawa, supra, 260 U.S. at 198.
  2. [7]Ichioka, supra, at 9-17.
  3. [8]

“If any free white person or persons shall play at any game with cards, or at any other game or games of chance with a slave or slaves, or a free person of color” (Texas Penal Code, revised 1860)

Article 1. Be it enacted by the Legislature of the State of Texas, That the following chapters and articles of the act above recited, commonly known as the Penal Code, be and they are hereby so amended, so as that the same shall read as follows, that is to say:

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas” (February 11, 1860), H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 95/1457 (link).

TITLE 12.

Offences against public morals, decency and chastity.

[97/1459]

CHAPTER 6.

Of the crime against nature.

[…]

Art. 409a. If any free white person or persons shall play at any game with cards, or at any other game or games of chance with a slave or slaves, or a free person of color, he or they shall be fined not less than twenty nor more than one hundred dollars, or imprisonment in the county jail not more than three months, at the discretion of the jury.

TITLE 13.

Chapter 4.

Gaming.

[…]

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas” (February 11, 1860), H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 96-97/1458-1459 (link).

 

“The insolence of a slave will justify a white man in inflicting moderate chastisement,” Slavery, Color and the Penal Code (Texas Penal Code Revisions 1858)

[156/1028] An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856.

Article 1. Be it enacted by the Legislature of the State of Texas, That the following Chapters and Articles of the act above recited, commonly known as the Penal Code, be, and they are hereby so amended as that the same shall hereafter respectively read as follows–that is to say:

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856” (February 12, 1858). H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 156 (link).

[157/1029] TITLE 5.

CHAPTER 1.

Principals.

Article 218a. If the master of a slave instigates, aids, encourages, advises, or wilfully permits such slave to commit an offence, he may be considered and prosecuted, either as a principal or as an accomplice, and shall be punished in the manner prescribed in Article 223 of the Penal Code.

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856” (February 12, 1858). H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 156 (link).

[177/1049]

CHAPTER 8.

Cruel treatment of Slaves

Article 670 shall hereafter read as follows:

If any person shall unreasonably abuse or cruelly treat a slave, whether his own property or the property of another, he shall be fined not less than one hundred nor more than two thousand dollars.

Article 672 shall hereafter read as follows:

It is cruel treatment of a slave to inflict an unusual degree of punishment without just provocation, or to torture or cause unusual pain and suffering to a slave by the use of any means, or to subject such slave to punishment so severe as to become injurious to his health, or calculated greatly to depreciate his value, or for the person having the charge of any slave to fail to supply him with comfortable clothing, or a sufficient quantity of wholesome food.

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856” (February 12, 1858). H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 177 (link).

[186/1058] PART III.

Of offences committed by Slaves and Free persons of color.

TITLE 1.

General Provisions

Article 796 shall hereafter read as follows:

An offence committed by a slave or free person of color, is known as a felony. When the punishment therefor is death, all other offences committed by either of these classes of persons are called petty offences.

TITLE 2.

Rules applicable to offences against the person when committed by Slaves or Free Persons of color.

Article 802 shall hereafter read as follows:

The offences enumerated in Title 17 of the Second Part of this Code, when committed by slaves or free persons of color, against a free white person, are subject to different rules from such as are prescribed in defining guilt or innocence when committed by a free white person, and the guilt or innocence of the accussed is to be ascertained by a consideration of the following general principles:

1st. The right of the master to the obedience of and submission of his slave, in all lawful things, is perfect, and the power belongs to the master to inflict any punishment upon the slave not affecting life or limb, and not coming within the definition of cruel treatment, or unreasonable abuse, which he may consider necessary for the purpose of keeping him in such submission, and enforcing such submission to his commands; and if, in the exercise of this right, with or without cause, the slave resists and slays his master, it is murder.

[187/1059] 2d. The master has not the right to kill his slave, or to maim or dismember him, except in cases mentioned in article 564 of this Code.

3d. A master, in the exercise of his right to perfect obedience on the part of the slave, may correct in moderation, and is the exclusive judge of the necessity of such correction; and resistance by the slave, under such circumstances, if it results in homicide, renders him guilty of murder.

4th. The insolence of a slave will justify a white man in inflicting moderate chastisement, with an ordinary instrument of correction, if done at the time when the insolent language is used, or within a reasonable time after; but it will not authorize an excessive battery, as with a dangerous weapon.

5th. The rules respecting manslaughter, as given in the second part of this Code, apply only to equals, and not to the case of offences by slaves, or free persons of color, against free white persons.

6th. An assault and battery, not inflicting great injury, committed by a free white person upon a slave, will not be a sufficient provocation to mitigate a homicide of the former by the latter, from murder to manslaughter, although it be in a case where the law does not expressly justify assault and battery.

7th. That amount of personal injury is a legal provocation, of which it can be pronounced, having due regard to the relative condition of the white man and the slave, and the obligation of the latter to conform his passions to his condition of inferiority, that it would provoke well disposed slaves into a violent passion, and the existence of such provocation will reduce the homicide to manslaughter.

8th. If a slave, by insolence, provoke chastisement, and then slay the person chastising him, it will be murder.

9th. In the following cases it is lawful for a free white person to inflict chastisement upon a slave by a moderate whipping:

1st. If a slave, without the consent of the white person, be found upon his premises at night.

2d. If the slave, against the orders of the white person, be found upon his premises at any time.

3d. If a slave be found using improper language, or guilty of indecent or turbulent conduct in the presence of white persons.

[188/1060] 4th. If the slave be guilty of rude or unbecoming conduct in the presence of a free white female.

5th. If a slave use insulting language or gestures towards a white person.

6th. If a slave commit any wilfull act, injurious to the property or person of a free white person, or of any member of his family.

7th. If a slave be found drunk, and making a disturbance in any public place, or upon the premises of a free white person.

TITLE 3.

Of the punishment of slaves and free persons of color.

CHAPTER 1.

Of Slaves.

Article 812 shall hereafter read as follows:

Slaves are subject to the following punishment–

  1. Death
  2. Whipping

Article 816 shall hereafter read as follows:

Whipping is inflicted upon the bare back, and in all cases the number of lashes shall be fixed by the Jury, Justice, Mayor, or Recorder who try the case; provided the whipping allowed by this article shall not be such as to permanently injure or endanger the life of the slave.

Article 819 shall hereafter read as follows:

The following offences when committed by slaves, shall be punished by death: first, murder; second, insurrection; third, arson; fourth, rape upon a free white woman; fifth, robbery when committed upon a free white person; sixth, assault with intent to commit murder, rape or robbery upon a free white person; seventh, an attempt to commit a rape upon a free white woman; eighth, assault with a deadly weapon upon a free white person.

CHAPTER 2.

Of Free Persons of Color.

Article 822 shall hereafter read as follows:

Free persons of color are subject to the following punishments: [189/1061] 1. Death; 2d. Whipping; 3. Labor upon any public works of a county.

Article 823 shall hereafter read as follows:

All offences which by law may be capitally punished, in the case of a slave, shall be punished capitally, when committed by a free person of color.

Article 824 shall hereafter read as follows:

Aiding in an insurrection of slaves, and kidnapping a free white woman, when committed by a free person of color, shall be punished by death.

Article 829 shall hereafter read as follows:

For all other offences not herein provided for, a free person of color, may be punished by whipping, and by being forced to work upon the roads, or other public works of the county where he is convicted, under the direction of the County Court, for a term not exceeding twelve months.

“An Act supplementary to and amendatory of an act entitled an act to adopt and establish a Penal Code for the State of Texas, approved 28th August, 1856” (February 12, 1858). H. P. N. Gammel, The Laws of Texas, 1822-1897, Vol. 4 (Austin, Texas: Gammel's Book Store, 1898), 186-189 (link).