Texas Penal Code 1858Title 12 Chapter 1


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    “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), Title 12, Chapter 1 (Unlawful Marriage). pp=”164-165″ href=”https://texashistory.unt.edu/ark:/67531/metapth6730/m1/1040/?q=white%20color%20negro”Laws of Texas, 1822-1897 Volume 4[1]


    Article 386 shall hereafter read as follows:

    If any white person shall, within this state, knowingly marry a negro, or a person of mixed blood, descended from [2]165/1037[3] negro ancestry, to the third generation inclusive, though one ancestor of each generation may have been a white person, or having so married in or out of this State, shall continue within this State to cohabit with such negro, or such descendant of a negro, he or she shall be punished by confinement in the Penitentiary, not less than two nor more than five years.

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