The Southwestern Historical Quarterly, Volume 41, July 1937 - April, 1938 Page: 92
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Southwestern Historical Quarterly
line." The principle was morally justified by the notion that
amalgamation of the races would inevitably lead to disease, decline
and death. The existence of the mulatto was living evidence that
the ostensible design of the law to prevent miscegenation failed.
By illegitimating offspring, persons with African blood were pre-
vented from coming into inheritances. The white parents' release
from all responsibility prevented, in some cases, the formation of
emotional ties and thus preserved the cleavage between the races.
The same irresponsibility, doubtless, increased the mixture of
white blood into the Negro race.
Previous to the enactment of the statute penalizing mixed mar-
riages, free Negroes of the highest social standing showed a pref-
erence for white wives. William Goyens, in 1832, was living
"happily together with a white woman from Georgia." The couple
were "considered as very respectable," and the marriage was ap-
proved by two brothers of Mrs. Goyens who "appeared well satis-
fied with their coloured brother-in-law."40 Hendrick Arnold,
immediately after the Revolution, married his captain's daughter
by his AMexican wife,'-, and Arnold's daughter by a previous Negro
wife followed her father's example in hybridizing by taking a
Although David L. Wood was indicted under the law for marry-
ing a Negro woman,43 the passage of the statute did not result in
rigid prosecution. Samuel McCullough, Jr., on August 11, 1837,
two months after the law was enacted, married Mary Lorena
Vess, the white daughter of "jonathan Vess, one of Austin's old
colonists," and she remained married to him with impunity from
the law long enough to bear him at least three children, and until
her death in 1847.44 Other cases of white men marrying free
Negro women are not lacking. Andrew Bell's sister, Louiza,
"Memorial No. 33, File 94, November 11, 1841. Gammel, The Laws of
Texas, I, 1294-1295.
"Life of Lundy, 116.
4"Memorial No. 4, File 1, January 4, 1836; Proceedings of the General
Council, Gammel, The Laws of Texas, I, 750-751; Arnold v. Martin.
"George M. Martin to Col. Thomas W. Chambers, September 10, 1851.
'See Chapter IV, Southwestern Historical Quarterly, XL, 170.
"4W. P. Zuber to Z. T. Fulmore, November 10, 1899. Fulmore Papers,
University of Texas Archives.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 41, July 1937 - April, 1938, periodical, 1938; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101103/m1/100/: accessed May 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.