Whatever the wisdom or justice of these laws, there is one objection to them which is not given sufficient prominence in the consideration of the subject, even where it is discussed at all; they make mixed blood a prima-facie proof of illegitimacy. It is a fact that at present, in the United States, a colored man or woman whose complexion is white or nearly white is presumed, in the absence of any knowledge of his or her antecedents, to be the offspring of a union not sanctified by law. And by a curious but not uncommon process, such persons are not held in the same low estimation as white people in the same position. The sins of their fathers are not visited upon the children, in that regard at least; and their mothers’ lapses from virtue are regarded either as misfortunes or as faults excusable under the circumstances. But in spite of all this, illegitimacy is not a desirable distinction, and is likely to become less so as these people of mixed blood advance in wealth and social standing. This presumption of illegitimacy was once, perhaps, true of the majority of such persons; but the times have changed. More than half of the colored people of the United States are of mixed blood; they marry and are given in marriage, and they beget children of complexions similar to their own. Whether or not, therefore, laws which stamp these children as illegitimate, and which by indirection establish a lower standard of morality for a large part of the population than the remaining part is judged by, are wise laws; and whether or not the purity of the white race could not be as well preserved by the exercise of virtue, and the operation of those natural laws which are so often quoted by Southern writers as the justification of all sorts of Southern “policies”—are questions which the good citizen may at least turn over in his mind occasionally, pending the settlement of other complications which have grown out of the presence of the Negro on this continent.
Independent, May 30, 1889
The Future American
WHAT THE RACE IS LIKELY TO BECOME IN THE PROCESS OF TIME