Mixed Race Studies

Letter, W. A. Plecker to A. T. Shields. 9 May 1925. Typescript.

Commonwealth of Virginia, Bureau of Vital Statistics
Richmond, Virginia
1925-05-09

Source: Rockbridge County (Va.) Clerk’s Correspondence [Walter A. Plecker to A.T. Shields], 1912-1943. Local Government Records Collection, Rockbridge County Court Records. The Library of Virginia. 10-0477-003.

In a letter to A.T. Shields, Walter Plecker asserted that Judge Holt’s decision to categorize Atha Sorrells as white despite her Indian heritage had “emboldened” the Rockbridge tribe. Nonetheless, he advised against appealing the Sorrells case to the Supreme Court because the court might rule in her favor.

Walter A. Plecker, Registrar

Hon. A. T. Shields,
Rockbridge County Clerk’s Office
Lexington, Virginia

Dear Sir:

In reply to your letter of May 4th, which came during my absence from the, office, I beg to advise that the matter in reference to an appeal in the Atha Sorrells case was left to the Attorney General and the lawyer, Mr. Shewmake, employed by the Anglo Saxon Clubs. After going over carefully the evidence, in view of the fact that nothing new could be introduced,  they decided that it was unwise to appeal the case as the only evidence upon which we absolutely relied,  that of our records was set aside by Judge Holt, and we would not care to take the risk of having the Supreme Court render a similar decision.   Our hope is to drift along until the next legislature, and have them pass a bill prevent ing the marriage of the Indians with the whites.   In my judgement there are no native Indians in Virginia unmixed with negro blood…

Read the entire letter here.

The Crime of Being Married

Life Magazine
1966-03-18
pages 85-
Source: Library of Virginia

Photographs by Grey Villet

A Virginia couple fights to overturn an old law against miscegenation

She is Negro, he is white, and they are married. This puts them in a kind of legal purgatory in their home state of Virginia, which specifically forbids interracial marriage.

Last week Mildred and Richard Loving lost one more round in a seven-year legal battle, when the Virginia Supreme Court upheld the constitutionality of the state’s antimiscegenation law. Once again they and their three children were faced with the loss of home and livelihood…

Read the article here.

The New Virginia Law To Preserve Racial Integrity

Virginia Health Bulletin
Virginia Department of Health
Volume XVI, Extra Number 2 (March 1924)
pages 1-4
Source: Pamphlet: Rockbridge County Clerk’s Correspondence, 1912–1943. Local Government Records Collection. The Library of Virginia, (Racial Integrity Act Documents) 12-1245-005

W. A. Plecker, M. D.
State Registrar of Vital Statistics, Richmond, Virginia

Senate Bill 219, To preserve racial integrity, passed the House March 8, 1924, and is now a law of the State.

This bill aims at correcting a condition which only the more thoughtful people of Virginia know the existence of.

It is estimated that there are in the State from 10,000 to 20,000, possibly more, near white people, who are known to possess an intermixture of colored blood, in some cases to a slight extent it is true, but still enough to prevent them from being white.

In the past it has been possible for these people to declare themselves as white, or even to have the Court so declare them. Then they have demanded tho admittance of their children into the white schools, and in not a few cases have intermarried with white people.

In many counties they exist as distinct colonies holding themselves aloof from negroes, but not being admitted by the white people as of their race.

In any large gathering or school of colored people, especially in the cities, many will be observed who are scarcely distinguishable as colored.

These persons, however, are not white in reality, nor by the new definition of this law, that a white person is one with no trace of the blood of another race, except that a person with one-sixteenth of the American Indian, if there is no other race mixture, may be classed as white.

Their children are likely to revert to the distinctly negro type even when all apparent evidence of mixture has disappeared.

The Virginia Bureau of Vital Statistics has been called upon within one month for evidence by two lawyers employed to assist people of this type to force their children into the white public schools, and by another employed by the school trustees of a district to prevent this action.

In each case evidence was found to show that either the people themselves or their connect ions were reported to our office to be of mixed blood.

Our Bureau has kept a watchful eye upon the situation, and has guarded the welfare of the State as far as possible with inadequate law and power. The condition has gone on, however, and is rapidly increasing in importance.

Unless radical measures are used to prevent it, Virginia and other parts of the Nation must surely in time go the way of all other countries in which people of two or more races have lived in close contact. With the exception of the Hebrew race, complete intermixture or amalgamation has been the inevitable result.

To succeed, the intermarriage of the white race with mixed stock must be made impossible. But that is not sufficient, public sentiment must be so aroused that intermixture out of wedlock will cease.

The public must be led to look with scorn and contempt upon the man who will degrade himself and do harm to society by such abhorrent deeds.

The Bureau of Vital Statistics, Clerks who issue marriage licenses, and the school authorities are the barriers placed by this law between the danger and the safety of the Commonwealth…

Read the entire article here.

‘Master’ Jefferson: Defender Of Liberty, Then Slavery

Fresh Air from WHYY
National Public Radio
2012-10-18

Maureen Corrigan, Book Critic

His public words have inspired millions, but for scholars, his private words and deeds generate confusion, discomfort, apologetic excuses. When the young Thomas Jefferson wrote, “We hold these truths to be self-evident, that all men are created equal,” there’s compelling evidence to indicate that he indeed meant all men, not just white guys.

But by the 1780s, Jefferson’s views on slavery in America had mysteriously shifted. He formulated racial theories asserting, for instance, that African women had mated with apes; Jefferson financed the construction of Monticello by using the slaves he owned — some 600 during his lifetime — as collateral for a loan he took out from a Dutch banking house; and when he engineered the Louisiana Purchase in 1803, Jefferson pushed for slavery in that territory. By 1810, Jefferson had his eye fixed firmly on the bottom line, disparaging a relative’s plan to sell his slaves by saying, “It [would] never do to destroy the goose.”

Faced with these conflicting visions of Jefferson, scholars usually fall back on words like “paradox” and “irony”; but historian Henry Wiencek says words like that allow “a comforting state of moral suspended animation.” His tough new book, Master of the Mountain, judges Jefferson’s racial views by the standards of his own time and finds him wanting. Unlike, say, George Washington, who freed his slaves in his will, Jefferson, Wiencek says, increasingly “rationalized an abomination.”…

…Wiencek also evocatively describes Jefferson’s morning routine — how he would walk back and forth on his terrace every day at first light and look down on a small empire of slaves — among them, brewers, French-trained cooks, carpenters, textile workers and field hands. Many of those slaves were related to each other; some were related — by marriage and blood — to Jefferson himself. Jefferson’s wife had six half-siblings who were enslaved at Monticello. To add to the Gothic weirdness, Jefferson’s own grandson, Jeff Randolph, recalled a number of mixed-race slaves at Monticello who looked astonishingly like his grandfather, one man “so close, that at some distance or in the dusk the slave, dressed in the same way, might be mistaken for Mr. Jefferson.” According to this grandson, Sally Hemings was only one of the women who gave birth to these Jeffersonian doubles.

Wiencek’s scholarship infers that the potent combination of the profits and sexual access generated by slavery made the institution more palatable to Jefferson. As the years went by, Jefferson was called to account by his aging revolutionary comrades — among them the Marquis de Lafayette, Thomas Paine and Thaddeus Kościuszko. All of them pressed Jefferson on the question of why this eloquent defender of liberty would himself be a slave owner. Kościuszko even drew up a will in which he left Jefferson money to buy his slaves’ freedom and educate them, so that, as he wrote, “each should know … the duty of a cytysen in the free Government.”…

Read the entire review here. Listen to it here (00:06:44). Download it here.

Thomas Jefferson advertises for a runaway slave in Williamsburg’s newspaper

The Virginia Gazette
Williamsburg, Virginia
1769-09-14
Source: Library of Congress: Thomas Jefferson: Creating a Virginia Republic

Courtesy of the Virginia Historical Society, Richmond, Virgiania

Runaway slaves were not unknown on the Jefferson plantations. In this 1769 advertisement Thomas Jefferson, who had inherited half of his father Peter’s more than sixty slaves, offered a forty shilling reward for the return of “a Mulatto slave called Sandy.” After Sandy’s return, Jefferson sold him, as he did many problem slaves, despite his value as a shoemaker and jockey, to Col. Charles Lewis for 100 pounds on January 29, 1773.

Master of the Mountain: Thomas Jefferson and His Slaves

Farrar, Straus and Giroux an imprint of Macmillan
2012-10-16
352 pages
Hardback ISBN-10: 0374299560; ISBN-13: 978-0374299569

Henry Wiencek

Is there anything new to say about Thomas Jefferson and slavery? The answer is a resounding yes. Master of the Mountain, Henry Wiencek’s eloquent, persuasive book—based on new information coming from archaeological work at Monticello and on hitherto overlooked or disregarded evidence in Jefferson’s papers—opens up a huge, poorly understood dimension of Jefferson’s world. We must, Wiencek suggests, follow the money.

So far, historians have offered only easy irony or paradox to explain this extraordinary Founding Father who was an emancipationist in his youth and then recoiled from his own inspiring rhetoric and equivocated about slavery; who enjoyed his renown as a revolutionary leader yet kept some of his own children as slaves. But Wiencek’s Jefferson is a man of business and public affairs who makes a success of his debt-ridden plantation thanks to what he calls the “silent profits” gained from his slaves—and thanks to a skewed moral universe that he and thousands of others readily inhabited. We see Jefferson taking out a slave-equity line of credit with a Dutch bank to finance the building of Monticello and deftly creating smoke screens when visitors are dismayed by his apparent endorsement of a system they thought he’d vowed to overturn. It is not a pretty story. Slave boys are whipped to make them work in the nail factory at Monticello that pays Jefferson’s grocery bills. Parents are divided from children—in his ledgers they are recast as money—while he composes theories that obscure the dynamics of what some of his friends call “a vile commerce.”

Many people of Jefferson’s time saw a catastrophe coming and tried to stop it, but not Jefferson. The pursuit of happiness had been badly distorted, and an oligarchy was getting very rich. Is this the quintessential American story?

The thunderstorm that shook the mountain during the telling of Peter Fossett’s story passed. We tourists were deposited back into the present, with shafts of sunlight illuminating a peaceful scene–a broad pathway stretching into the distance, disappearing over the curve of the hillside. Jefferson named it Mulberry Row for the fast-growing shade trees he planted here in the 1790s. One thousand yards long, it was the main street of the African-American hamlet atop Monticello Mountain. The plantation was a small town in everything but name, not just because of its size, but in its complexity. Skilled artisans and house slaves occupied cabins on Mulberry Row alongside hired white workers; a few slaves lived in rooms in the mansion’s south dependency wing; some slept where they worked. Most of Monticello’s slaves lived in clusters of cabins scattered down the mountain and on outlying farms. In his lifetime Jefferson owned more than 600 slaves. At any one time about 100 slaves lived on the mountain; the highest slave population, in 1817, was 140…

…Jefferson made his emancipation proposal around the same time he took on an intriguing legal case, Howell v. Netherland, that illuminates the shifting, increasingly ambiguous racial borderland in colonial Virginia, where strict enforcement of racial laws could have the effect of making white people black.

In the winter of 1769, Samuel Howell, a mixed-race indentured servant who had escaped from his master, sought a lawyer in Williamsburg to represent him in suing for freedom. His grandmother was a free white woman, but his grandfather was black, so Howell had become entrapped in a law that prescribed indentured servitude to age thirty-one for certain mixed-race people “to prevent that abominable mixture of white men or women with negroes or mulattoes.” Howell, aged twenty-seven, was not indentured forever, since he would be freed in about four years, but nonetheless Jefferson felt angry enough over this denial of rights that he took Howell’s case pro bono.

Jefferson later became famous for his diatribes against racial mixing, but his arguments on behalf of Howell, made more than a decade before he wrote down his infamous racial theories, suggest that the younger Jefferson harbored doubts about the supposed “evil” of miscegenation. The word “seems” in the following sentence suggests that he did not quite accept the prevailing racial ideology: “The purpose of the act was to punish and deter women from that confusion of species, which the legislature seems to have considered as an evil.”

Having just one black grandparent, Howell probably appeared very nearly white. But with the full knowledge that Howell had African blood, Jefferson argued to the justices that he should be immediately freed. He made his case partly on a strict reading of the original law, which imposed servitude only on the first generation of mixed-race children and could not have been intended, Jefferson argued, “to oppress their innocent offspring.” He continued: “it remains for some future legislature, if any shall be found wicked enough, to extend [the punishment of servitude] to the grandchildren and other issue more remote.” Jefferson went further, declaring to the court: “Under the law of nature, all men are born free,” a concept he derived from his reading of John Locke and other Enlightenment thinkers, the concept that would later form the foundation of the Declaration of Independence. In the Howell case, Jefferson deployed it in defense of a man of African descent…

Read the entire excerpt here.

Making The Application

Valley Spirit
Franklin County, Virginia
1867-10-02
page 1, column 8

Source: Valley of the Shadow: Civil War Era Newspapers, University of Virginia Library

Relates a ficticious story about a conversation between two white men, one Republican the other Democrat, in which the consequences of black suffrage are discussed.

Several days ago a Republican and a Democrat got into conversation on the subject of making voters out of negroes. The Republican contended that negroes should be allowed to vote as a matter of right.

“But,” replied the Democrat, “that will lead to social equality.”

“Let it,” rejoined the Republican, “the only difference between the negroes and the white is the color of skin and in the hair.”

“Then you think,” said the Democrat, “that the negroes should have the same social, as well as the same political privileges the whites enjoy.”

“Certainly,” replied the Republican.

“Now, suppose a negro and your daughter should conclude to contract marriage, what would you do in regard to that?” asked the Democrat.

“Why, I should let her, of course,” responded the Republican.

“And you would enjoy dandling on your knee a mulatto grand-child, would you?” queried the Democrat.

“Oh, no. I should not do that. If my daughter married a negro, I should discard her,” replied the Republican with spirit.

“What,” asked the Democrat, “discard your daughter for believing and practicing the doctrines you teach? Come neighbor, don’t you think you are carrying this negro business too far? If there is no difference really between a negro and white man, excepting the color of hi skin and in the matter of hair, why would you discard your daughter for marrying a negro instead of a white man?”

The Republican hung his head thoughtfully. This is a point all men should thoughtfully think over before they vote on the subject of making the negroes the political equals of the whites. Political equality inevitably leads to social equality, and social equality lays the foundation for the intermarriage of the races.

Law and the Boundaries of Place and Race in Interracial Marriage: Interstate Comity, Racial Identity, and Miscegenation Laws in North Carolina, South Carolina, and Virginia, 1860s-1960s

Akron Law Review
Volume 32, Number 3 (1999)
pages 557-575

Peter Wallenstein, Professor of History
Virginia Polytechnic Institute and State University

In North Carolina in 1869, Wesley Hairston, a black man, and Puss Williams, a white woman, went on trial in Forsythe County for “fornication and adultery.” They claimed they were married, but the judge instructed the jury that no such marriage could be valid in North Carolina. When the jury convicted both defendants, they appealed the judge’s instruction and the jury’s verdict. The North Carolina Supreme Court dashed their hopes when it declared: “The only question in this case is, whether the intermarriage of whites and blacks is lawful.” A unanimous appeals court rejected the “pretended marriage” and upheld the convictions.

Hairston and Williams did not see their convictions as consistent with the facts. They thought they had both contracted a marriage and found instead that they had each committed a felony. Other couples ran into similar problems. Brought to court, some argued that they had entered a valid marriage and, having moved into another state, they should not be subject to the enforcement of its laws against interracial marriage. Others, challenging the premise that they did not share one racial identity, argued that, since they were both black or both white, the miscegenation law should not reach their marriage.

This essay draws from case materials in three states to explore two of the main problems in enforcing—or escaping conviction under—laws in the United States against interracial marriage during the hundred years after the Civil War. Questions of interstate comity and racial identity, though not both involved in every miscegenation case, would remain issues in many such cases as long as laws against interracial marriage remained in effect. Only in 1967, when the U.S. Supreme Court decided Loving v. Virginia and declared such laws unconstitutional, would the boundaries of race and place no longer have any bearing on the law of marriage between a man of one race and a woman of another…

…3. But What Race Is She Really?

In October 1881, John Crawford and Maggie Dancey went on trial for violating South Carolina’s new law against interracial marriage. After courting in North Carolina, they had decided to marry. The couple had heard that North Carolina had a stringent law against their doing so but, believing that South Carolina had no such law, they thought they had a remedy. Crawford moved back south across the state line to his home in York County, and Dancey soon followed from her family’s home in Mooresville, just north of Charlotte. They approached a black preacher, Edward Lindsay, about their wishes, and he assured them that they could marry in South Carolina. The ceremony took place, and their arrests soon followed.

The newlyweds’ marriage did not involve the question of comity, but it definitely involved another thorny issue, the question of racial identity. John Crawford testified that the fair-skinned woman he had married came from a family that, back in her hometown, was regarded as mixed-race. He had seen his wife’s grandmother, a “bright mulatto,” he said. The family attended a black church, associated only with African Americans, and despite their color, seemed to fall on the black side of the great racial divide. The couple’s argument was that, even though Maggie was of “fair complexion,” with “flaxen or light auburn hair and light blue eyes,” she was black just the same as her “dark mulatto” husband. If proved, the couple had not, after all, broken the law.

The fact that the only evidence in the case consisted of the defendants’ own testimony left the court perplexed. Because Maggie Dancey went on trial some distance from her family’s residence, no local witnesses could help the court with testimony regarding the Dancey family’s racial reputation. The judge called upon a white medical doctor, W. J. Whyte, to offer his expert testimony, but the doctor, after a brief examination in the waning light of day, reported the woman’s identity difficult to pin down. The judge held the trial over to the next morning. The doctor tried again but complained that the microscope with which he examined the woman’s hair and skin seemed inadequate to the task. If forced to choose, he held to his original opinion that Maggie Dancey was a white woman, but he could not be certain.

The judge put the matter in the hands of the jury. He told them that if they were unsure, they should resolve their doubt in favor of the woman. After an hour’s deliberation, the jury reported its verdict. Maggie Dancey was white, and John Crawford was not. Both were guilty…

Read the entire article here.

Obama’s purported link to early American slave is latest twist in family tree

The Washington Post
2012-07-30

Krissah Thompson

President Obama’s extraordinary family story gained a new layer this week as a team of genealogists found evidence that he is most likely a descendant of one of the first documented African slaves in this country.

The link to slavery, which scholars of genealogy and race in the United States called remarkable, was found to have existed approximately 400 years back in the lineage of Obama’s mother, Stanley Ann Dunham. It was discovered by a team of four genealogists from Ancestry.com whose findings from two years of work were released in a report Monday.

Using property and tax records, the team uncovered “a lot of context and circumstantial evidence” that points to an enslaved black man named John Punch being Obama’s ancestor, said Joseph Shumway, one of the genealogists who worked on the report…

…Interest in the family trees of Obama and his wife has served to upend assumptions, said Sheryll Cashin, a Georgetown University law professor who documented her research into her own family history in the book “The Agitator’s Daughter.”

“It’s absolutely poetic,” Cashin said of the discovery. “Race mixing was here from the beginning.”

The discovery comes at a time when Americans of all backgrounds have been digging deeper into their family trees. It was such familial research that led the team at Ancestry to make the connection between Punch and Obama’s family line.

They first traced Obama’s mother’s heritage through her maternal grandmother to the Bunch family, who at one time lived in Virginia, where they “passed for white” and “intermarried with local white families,” according to the report. Members of the modern Bunch family, who had already begun to dig into their heritage, conducted DNA testing that found that the family had an ancestor from Africa, and they posted that information on a family Web site. Shumway and his colleagues set out to find that black ancestor…

Read the entire article here.

Ancestry.com Discovers President Obama Related to First Documented Slave in America

Ancestry.com
Provo, Utah
2012-07-30

Research Connects First African-American President to First African Slave in the American Colonies

PROVO, UTAH – July 30, 2012 – A research team from Ancestry.com (NASDAQ:ACOM), the world’s largest online family history resource, has concluded that President Barack Obama is the 11th great-grandson of John Punch, the first documented African enslaved for life in American history. Remarkably, the connection was made through President Obama’s Caucasian mother’s side of the family.

The discovery is the result of years of research by Ancestry.com genealogists who, through early Virginia records and DNA analysis, linked Obama to John Punch. An indentured servant in Colonial Virginia, Punch was punished for trying to escape his servitude in 1640 by being enslaved for life. This marked the first actual documented case of slavery for life in the colonies, occurring decades before initial slavery laws were enacted in Virginia.

In the 372 years since, many significant records have been lost—a common problem for early Virginia (and the South in general)—destroyed over time by floods, fires and war. While this reality greatly challenged the research project, Ancestry.com genealogists were able to make the connection, starting with Obama’s family tree.

President Obama is traditionally viewed as an African-American because of his father’s heritage in Kenya. However, while researching his Caucasian mother, Stanley Ann Dunham’s lineage, Ancestry.com genealogists found her to have African heritage as well, which piqued the researchers’ interest and inspired further digging into Obama’s African-American roots. In tracing the family back from Obama’s mother, Ancestry.com used DNA analysis to learn that her ancestors, known as white landowners in Colonial Virginia, actually descended from an African man. Existing records suggest that this man, John Punch, had children with a white woman who then passed her free status on to their offspring. Punch’s descendants went on to be free, successful land owners in a Virginia entrenched in slavery…

…More details and supporting information on this discovery and additional research on President Obama’s family lineage can be found at www.ancestry.com/obama…

Read the entire press release here.