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In a remarkable job of detective work, Hodes mines bastardy and divorce cases for information about interracial sex--and finds a surprising number including four divorces in Virginia and two in North Carolina granted to white husbands whose wives bore mulatto children. Rutgers, . Gary B. After the Civil War, Hodes argues, consensual sex between a black man and a white woman became unimaginable in the white southern mind. Before the Civil War, southern law could tolerate a liaison between a white woman and a black man. This is a fascinating argument, but it is not the only interpretation that can be drawn from the evidence. While antebellum white southern society did not condone such liaisons, it did exhibit a limited degree of toleration--a toleration that vanished following the Civil War, as southern white men saw their monopoly of political power challenged and the cotton economy collapse.
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Before the Civil War, southern law could tolerate a liaison between a white woman and a black man. Since the seventeenth century, efforts to stigmatize, criminalize, and punish miscegenation have reflected the interests of specific groups of people, who formulated new ideologies, enacted legislation, and actively propagated their racist viewpoints. This is a fascinating argument, but it is not the only interpretation that can be drawn from the evidence. An alternate interpretation might make two points. On the genesis of the term "miscegenation," which replaced the older term "amalgamation," see Hodes , n. Only then did violent intolerance replace an uneasy toleration. If marriage is, as the court declared, the single most important expression of a person's right to pursue happiness, should there be any restrictions on who consenting adults can marry.
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One Nation's Definition University Park. In a recent dissertation on nineteenth-century southern miscegenation laws, Charles Robinson III found that appeals courts frequently overturned miscegenation convictions after concluding that it was impossible to classify the defendants' race with precision. Dominguez, White By Definition. Hodes's overarching argument is that sexual liaisons between white women and black men were not always met with violent outrage in the South. Walsh concludes that unions of black men and white servant women were usually consensual, unlike many of the women's relationships with white men. Only when southern white patriarchs began to fear the potential political and economic power of newly autonomous black men after the Civil War did the issue of white women's sexual purity enter the realm of politics.
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