Virginia

October 1705-CHAP. IV. An act declaring who shall not bear office in this country.

[The text of this act suggests that a free man of color did hold an office sometime before October of 1705. The statute contains the first definition of a mulatto in Virginia's laws.]

''Be it enacted and declared, and it is hereby enacted and declared, That the child of an Indian and the child, grandchild, or great grandchild, of a negro shall be deemed, accounted, held and taken to be a mulatto.''

Source: Hening, ed., The Statutes at Large, vol. 3, pp. 250-251, 252.

I think that *Henings Statutes at Large* predates Wikipedia. Note the Virtual Jamestown site says this 1705 law was the FIRST DEFINITION OF A MULATTO IN VIRGINIA LAWS and it states THE CHILD OF AN INDIAN shall be deemed, accounted, held and taken to be a MULATTO.

http://www.virtualjamestown.org/laws1.html

Information submitted by
Joanne Pezzullo

 

 

 

South Carolina

Mulatto and Free Person Of Color Not Negro

 

Wicazo SA Review

The Red Pencil Review

Fall 1995 Vol. XI No. 2

"The Use of Racial and Ethnic Terms in America: Management by Manipulation" by Jack D. Forbes

 

Pages 58 and 59

 

"In 1857, a William Chavers was charged "as a free person of color" with carrying a shotgun. Chavers was able to win his case eventually...because he is charged as "a free person of color" whereas...the act...makes it penal for any "free negro" to carry arms...Free persons of color maybe...persons colored by Indian blood. The indictment cannot be sustained."

 

Page 55

 

"In 1719, South Carolina decided who should be an "Indian" for tax purposes since American slaves were taxed at a lesser rate than African slaves. The act stated:

 

And for preventing all doubts and scruples that may arise what ought to be rated on mustees, mulattoes, etc. all such slaves as are not entirely Indian shall be accounted as negro.

 

This is an extremely significant passage because it clearly asserts that "mustees" and "mulattoes" were persons of part American ancestry. My judgment (to be discussed later) is that a mustee was primarily part-African and American and that a mulatto was usually part-European and American. The act is also significant because it asserts that part-Americans with or without African ancestry could be counted as Negroes, thus having an implication for all later slave census."

http://www.usgwarchives.net/va/lunenburg.htm


http://files.usgwarchives.net/va/lunenburg/census/sun001.txt

In the 22nd year of George II, October, 1748,[66] an act was passed
covering the subject of tithables, and repealing the above noticed act of
4th Queen Anne, and 12th George II, to be in force "from and immediately
after the tenth day of June, which shall be in the year of our Lord, one
thousand seven hundred and fifty-one."

  This law defined tithables as "all male persons of the age of sixteen
years and upwards, and all negroe, mulatto, and Indian women of the same
age, except Indians tributary to this government and all wives of free
negroes, mulattoes, and Indians, except as before excepted," and "excepting
such only as the county court, for charitable reasons appearing to them,
shall think fit to excuse."

How Native Americans Became "W, C, B, M or FPC"
NATIVE INTELLIGENCE, a column by Jack D. Forbes, Native American Studies, University of California, Davis

"The Federal government began to use "degree of blood" in the latter part of the nineteenth-century, especially in relation to the enrollment of persons before the Dawes allotment commission. The use of "full," "one-half" etc. at that time was both an extension of the previous racist system and also a step in terminating Native Americans. Persons with greater amounts of white ancestry were assumed to be more competent than persons with lesser amounts. In other words, the degree of white blood was much more important than the degree of American ancestry. The white blood entitled an Indian citizen to greater privileges, including being able to have "wardship" restrictions removed, being able to sell property, acquire the right to vote in state and federal elections, and so on.

"Thus it may be that many persons chose to exaggerate their amount of white ancestry when enrolling. Persons without white ancestry were restricted persons, with the Bureau controlling their financial lives. It was also expected that when a person became "competent" (white enough) he would no longer be an Indian and that process would eventually terminate a tribe's existence.

"Thus the recording of blood quantum is both a product of white racism and of white social science theories of a racist nature, and also a product of a plan wherein Native nations are expected to vanish when the white blood quantum reaches a certain level (above three-fourths, for example). For this latter reason alone, the use of blood quantum is exceedingly dangerous for Native Nations today, although the Bureau and some eastern Oklahoma Indians don't seem to care about this danger."

 

The following by Steven Pony Hill in his work “Patriot Chiefs and Loyal Braves”

http://sciway3.net/clark/freemoors/CHAPTER1colonial.htm

“Arguably the most influential event to occur in the 1600’s happened in 1660 when Virginia determined that “…an Indian sold by another Indian or an Indian who speaks English and who desires baptism will now receive his or her freedom.” This allowed many Algonquin and Siouan war captives held in slavery in the colonies to regain their freedom, but it also provided incentive for their masters to downplay the Indian ancestry of those in servitude in order to retain them. These former slaves quickly rejoined their tribesmen bringing with them their acquired skills as carpenters, wheelwrights, and ferry operators. Most importantly, these newly freed Indians brought with them their new English names and Christian religion. Unfortunately they also retained the stigma of being former slaves, a condition which would cause their white neighbors to eye them with suspicion for generations.”