ill be
bracketed with the "blue laws," and will be at best but landmarks by
which to measure the progress of the nation. But to-day these laws are
in active operation, and they are, therefore, worthy of attention; for
every good citizen ought to know the law, and, if possible, to respect
it; and if not worthy of respect, it should be changed by the authority
which enacted it. Whether any of the laws referred to here have been in
any manner changed by very recent legislation the writer cannot say, but
they are certainly embodied in the latest editions of the revised
statutes of the states referred to.
The colored people were divided, in most of the Southern States, into
two classes, designated by law as Negroes and mulattoes respectively.
The term Negro was used in its ethnological sense, and needed no
definition; but the term "mulatto" was held by legislative enactment to
embrace all persons of color not Negroes. The words "quadroon" and
"mestizo" are employed in some of the law books, tho not defined; but
the term "octoroon," as indicating a person having one-eighth of Negro
blood, is not used at all, so far as the writer has been able to
observe.
The states vary slightly in regard to what constitutes a mulatto or
person of color, and as to what proportion of white blood should be
sufficient to remove the disability of color. As a general rule, less
than one-fourth of Negro blood left the individual white--in theory;
race questions being, however, regulated very differently in practice.
In Missouri, by the code of 1855, still in operation, so far as not
inconsistent with the Federal Constitution and laws, "any person other
than a Negro, any one of whose grandmothers or grandfathers is or shall
have been a Negro, tho all of his or her progenitors except those
descended from the Negro may have been white persons, shall be deemed a
mulatto." Thus the color-line is drawn at one-fourth of Negro blood, and
persons with only one-eighth are white.
By the Mississippi code of 1880, the color-line is drawn at one-fourth
of Negro blood, all persons having less being theoretically white.
Under the _code noir_ of Louisiana, the descendant of a white and a
quadroon is white, thus drawing the line at one-eighth of Negro blood.
The code of 1876 abolished all distinctions of color; as to whether they
have been re-enacted since the Republican Party went out of power in
that state the writer is not informed.
Jumping to the extr
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