Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
STATES REPEALING LAWS AGAINST INTERMARRIAGE
Only five States that once had laws against miscegenation have repealed
them since 1865. New Mexico,[196] in 1866, Rhode Island,[197] in 1881,
and Maine,[198] in 1883, repealed their laws against intermarriage
outright. A statute of Michigan[199] in 1883 provided that all marriages
theretofore contracted between white persons and those wholly or in part
of African descent should be valid and effectual and the offspring
legitimate, but it said nothing about marriages contracted in the
future. Professor Frederick J. Stimson[200] has apparently interpreted
the statute to apply to marriages in the future as well as to those
already contracted. Finally, Ohio[201] in 1887 repealed its law of 1877,
providing for the punishment of persons of “pure white blood” who
intermarry or have carnal intercourse with any Negro or person having a
distinct and visible admixture of African blood.
MARRIAGES BETWEEN THE NEGRO AND NON-CAUCASIAN RACES
It is significant that the States have not prohibited intermarriage
between two different races except where one is the Caucasian. In no
State is it unlawful for Mongolians and Indians, Negroes and Mongolians,
or Negroes and Indians to intermarry. The only exception to the last is
that in North Carolina[202] it is unlawful for Negroes to intermarry
with Croatan Indians or to go to the same school with them. To this
statute hangs a beautiful historical tradition. In 1585, the date of the
first attempt by Englishmen to colonize the New World, there was an
island off the coast of North Carolina called Croatoan. By the shifting
of the sands, it is now probably a part of Hatteras or Ocracoke Island.
In 1587, a colony of one hundred and seventy-seven persons under John
White was landed by Sir Walter Raleigh on this island. Here, the same
year, was born Virginia Dare, granddaughter of John White and the first
child of English parents born in America. Later, part of the colonists
under White had to go back to England to seek further aid. By agreement,
those left behind were to go over to the friendly Croatoan Indians if
they needed succor. When Governor White returned many months later, he
found the settlement deserted and carved upon a tree nearby the single
word “Croatoan.” This supposedly meant that the colonists had gone over
to the Croatoans. For some unexplained reason, the party under White
never went in search of their lost brethren. Not a word more has ever
been heard of Virginia Dare and the others. A tradition says that they
went over to the Croatoans and eventually became absorbed into that
tribe.[203] Credence is given to this by the fact that there are many
Croatoan Indians—now called Croatans—with light complexion and blue
eyes. Recently a considerable body of mixed-blooded Indians in Robeson
County, North Carolina, have laid claim to descent from this lost
colony, and the State has officially recognized them under a separate
Public-domain text, read in full here on John Shaqi.
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