Colonial rule enforced privilege hierarchy through legal control of mixed-race parentage

Evidence

The second solution, considered in the ā€œbetter interest of Motherland and the Indies itself, and not least the Native population,ā€ was to adhere to the existing policy and to maintain the hierarchical relations of privilege that distinguished Natives from Europeans. This, as the commission noted, remained the ā€œidealā€ but depended on three prerequisites: (l) removal from the Indies of those who could not ā€œlive without financial worriesā€ in a European manner; (2) assurance that children of mixed marriages would be assigned the legal status of their (native) mothers and not that of their European fathers; and 3) more strictly enforced regulations for recognition of illegitimate children (within 5–10 days of birth with possession of a birth certificate and the presence of two witnesses who could attest to parentage). — Ann Laura Stoler, Along the Archival Grain_ Epistemic…, 976

Categorization

  • DEEPTHINKING: The three prerequisites reveal privilege as a legal machinery: expulsion of impoverished Europeans, assigning mixed children their mother’s native status, and tight birth-registration rules — showing that racial hierarchy is administered through family law and paperwork, not mere prejudice.
  • XREF: connects to: Federal courts treated polygamous family norms as racial threats to democratic society; Smithsonian anthropometry manufactured mixed-blood status to legalize land sales — Winona LaDuke, All Our Relations: Native Struggles for…, 609