Reserve Text: from F. James Davis, Who is Black? (University Park: Pennsylvania State University Press, 1991).

Chapter 3

HOW did it happen that some of the slaves on the plantations of the founding fathers appeared to be white? Was it the universal practice during slavery to define the lightest mulattoes as black? A look at miscegenation and the rules for determining who is black in the various periods and geographic areas of slavery in the United States, and during the Reconstruction era after emancipation will help answer those questions. The one-drop rule appeared early and eventually became the dominant rule, but for a long time it had a vigorous competitor, a rule that defined mulattoes not as blacks but as a racially mixed group between blacks and whites. Attention must be given to the different patterns of white control and the associated beliefs, to the different circumstances of miscegenation, to the issues surrounding mulattoes and the status of freedpersons, and to the shift in the sense of identity held by mulattoes. The one-drop rule did not become uniformly accepted until during the 1920s (see Chapter 4), but

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before that there had been more than two and a half centuries of miscegenation, most occurring during slavery.

In this chapter and the next, I rely on Joel Williamson's New People (1980), especially his lengthy first chapter, more than any other single source, but detailed citations of this excellent work are avoided. Those who read Williamson's book will note that, although he stresses the nation's public definition of black, he prefers a different definition for his analysis. He limits his own use of the term "black" to unmixed African blacks; he defines "mulattoes" in the usual way, as persons with any mixture of black and white ancestry; and he uses the term "Negro" to mean any group that includes both blacks and mulattoes. While there is some logic in limiting the term "black" to unmixed African blacks, it is not defined that way now by the American public or by legislators and judges. The terms Negro, mulatto, colored, black, and African American have all come to mean persons with any African black ancestry, no matter how little, and "black" has been the usual term since the early 1970s (see Chapter 1). Our public usage of "black;" and the one used in the present book, reflects the one-drop rule. The terms black, African American, Negro, and colored all include both unmixed African blacks and "mulattoes." Racially mixed blacks are designated "mulattoes" in this book, regardless of the degree of white-black mixture, and blacks who are not racially mixed are called African blacks or unmixed blacks.

Williamson emphasizes that the one-drop rule is unique to the United States, and also that it is paradoxical to have millions of people whose origins are more European than African defined by the general public, by law, and by themselves as black. The paradox is especially striking with regard to racially mixed people who appear white. He suggests that racial mixing in other societies has usually produced a third group loosely allied with the dominant race and asks why this pattern was broken in the United States (Williamson, 1980:2). Actually there are at least five other distinct patterns (see Chapter 5). However, Williamson has posed and provided convincing answers to the key questions: Why indeed have racially mixed persons of all shades in the United States been lumped with unmixed blacks into a single category called Negro-and later black or African American-and why have mulattoes in general come to accept and insist on that identity?


EARLY MISCEGENATION IN THE UPPER SOUTH: THE RULE EMERGES

Miscegenation occurred in the early colonial experience wherever there were slaves and free blacks. The first extensive mixing was in the seventeenth century in the Chesapeake area of the colonies of Maryland and Virginia, between white indentured servants and slave and free blacks (Williamson, 1980: 6-14). White males and females were both involved in the mixing, and both whites and blacks, males and females alike, were punished by whipping or public humiliation when interracial sexual contacts were detected. Strong public condemnation failed to prevent illicit contacts from becoming widespread, however, and in some cases intermarriage occurred. Most of the white parents of the first mulattoes born in the United States, then, were from the underclass. Whether they had been imprisoned for debt, crime, or prostitution, had been kidnapped and sold, or had freely contracted for their passage, they all had been transported to the colonies to work off their indenture (Reuter, 1970: 126-28). Although many of the resulting mulattoes were free, especially those bom to white mothers, they were generally despised and treated as blacks. The genetic mixing of mulattoes with unmixed blacks, and with other mulattoes, also proceeded.

From the beginning, the one-drop rule for mulattoes seemed natural to the elites of the upper South, since the whites involved in the racial mixing were an underclass of indentured servants. However, the English rule had been that a child had the class status of its father, so for half a century or so the social position of the mulattoes was uncertain. Then, in 1662, the colony of Virginia passed its first laws to discourage miscegenation, proclaiming that any sexual intercourse between a white and a black was twice as evil as fornication between two whites. Mulattoes born to slave mothers were relegated to slave status. Until 1681 the mixed child of a white woman was free, but thereafter the mother had to pay a fine of five years of servitude, and the child was sold as an indentured servant until the age of thirty. The white parent, male or female, was to be banished from the colony within three months of the mixed child's birth. In 1705 the penalty for the white parent was changed to six months in jail. The mulatto children already existing in Virginia before these punitive statutes were passed remained a problem, and the status of their descendants was uncertain for two centuries.

Although there were legal uncertainties, by the early eighteenth cen-

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tury the one-drop rule had become the social definition of who is black in the upper South. After 1691, legal steps were taken to make manumission (the freeing of a slave) more difficult in Virginia. Included was the requirement that freed slaves had to leave the colony so that they would not become a public burden when they became too old or too ill to work. Maryland, Pennsylvania, and other colonies from New Hampshire to the Carolinas followed Virginia's lead during the first quarter of the eighteenth century, passing anti-miscegenation laws and otherwise limiting the rights of mulattoes. Apparently, the primary motive for adopting these laws was to prevent sexual liaisons and marriages between white indentured women and black male slaves, yet both white and black women continued to be involved in miscegenation. By the 1750s the legal status of mulattoes in the Chesapeake area was still uncertain, although the whites clearly thought of them as Negroes. During the era of the American Revolution the amount of manumission increased considerably in the area, enlarging and darkening the free mulatto population, which in turn resulted in renewed determination on the part of whites to maintain a firm color line.

In 1785 Virginia drew a genetic line, legally defining a Negro as a person with a black parent or grandparent, a definition generally adopted at that time in the upper South (Berlin, 1975:49,97-99). This allowed mulattoes to be legally white if their black ancestry was any amount less than one-fourth, such as three-sixteenths or seven thirty-seconds-but those fractions were much too liberal in the eyes of most whites. Being legally white conferred certain privileges, such as freedom from whipping by the police for petty offenses. Intolerance for these lighter mulattoes, who were legally white but socially black, became very strong. The pressure grew to make the legal definition correspond to what had become the customary social definition of a Negro as a person with any degree of black ancestry, and the legislatures and courts began to move in that direction.

SOUTH CAROLINA AND LOUISIANA: A DIFFERENT RULE
South of North Carolina, mulattoes appeared later and in sl:llaller numbers than in the upper South. Most of the white parents were men of

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some means, although occasionally a white woman was involved, in contrast to the underclass white men and women involved farther north. Usually the fathers acknowledged their mixed offspring, most of whom were slaves, since plantation economics discouraged manumission. The small numbers of mulattoes who were freed outnumbered unmixed blacks in the free Negro communities by three to one. Mulatto clans emerged to become the leaders of freedperson communities, especially around New Orleans and Charleston, South Carolina, and whites looked to their mulatto kin for help in controlling the large numbers of black slaves. When the settlement of South Carolina began in 1670, most of the area's first slaves and early white settlers came from Barbados, where the pattern of free mulatto dominance over unmixed blacks was well established. Thus, instead of being defined as blacks by a one-drop rule, free mulattoes became a third class, between blacks and whites.

Rapid importation of slaves continued in South Carolina until, by 1708, blacks outnumbered whites. Sexual contacts between whites and slaves were tolerated until the number of white women in the colony increased significantly. Then, in 1717, punishments were adopted for both white males and females involved in interracial pregnancies. Unprecedented, controversial restrictions of mulattoes followed. Free Negroes lost the right to vote in 1721, and in 1740 newly manumitted Negroes had to leave the colony. But the restrictions generally were not severe, and free mulattoes received fairly good treatment until the 1850s. It was then that interracial marriage was first seriously questioned in South Carolina, and the state's first anti-miscegenation statute was passed in 1865. Not even the failed insurrection plot of 1822, led by freedman tJeriffiark Vesey, turned the whites against their traditional allies, the free mulattoes. In fact, a state legislative commission investigated the plot and pointed out the advantages of having a mulatto group as a buffer between whites and unmixed blacks.

South Carolina's refusal to apply a one-drop rule to the free mulattoes, at least until the 1850s, became explicit in the courts. In the case ofa mulatto with an invisible but known one-sixteenth black ancestry, a Judge Harper declared the person to be white on the basis that acceptance by whites is more relevant than the proportions of white and black "blood." As late as 1835 the same judge made a similar ruling in the case of a person who apparently had some visible negroid traits, rejecting the criterion of racial visibility and embracing the test of reputation and acceptance in the white community. He commented that a

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slave cannot be white but that a free mulatto can, thus rejecting the one-drop rule (Catterall, 1926-37, 2:269). Until the 1840s in South Carolina, then, both known and visible mulattoes could become white by behavior and reputation and could marry into white families. Mulatto slaves at this time also received preferential treatment in South Carolina, becoming house servants and artisans. Mulattoes thus ranged in status all the way from favored slaves to free Negro elites and those who passed or were legally declared white. In other states in the antebellum South,- there were also occasional court cases in which some persons with one-fourth or less "Negro blood" were declared legally white. The United States had not yet lined up solidly behind the onedrop rule.

The status of mulattoes in lower Louisiana evolved from the French Catholic culture, at first by way of Santo Domingo and later by way of Haiti after the mulatto revolutionaries there ejected the French in the 1790s. Some of the free mulattoes rose to elite status in the Louisiana sugar economy, and then with cotton. Some, such as the Metoyer family, became wealthy, cultivated the arts of education, bought freedom from slavery for their own relatives, and themselves owned slaves. The mulatto elites avoided identification and marriage with both blacks and whites, following the Haitian pattern, carefully arranging marriages with other mulattoes. The southern Louisiana mulattoes in general developed and preserved the status of an in-between third group that was neither black nor white, thus avoiding the imposition of the one-drop rule until the 1850s. The Louisiana Civil Code of 1808 prohibited "free people of color" from marrying even blacks, in addition to whites, which was official recognition of a three-layered system of racial classification rather than a black-white dichotomy (Dominguez, 1986:23-26).

The Creoles of Louisiana, American-born whites of French or Spanish origin, employed terms of reference for different degrees of racial mixture. The term "Creole" itself came to be used by freedpersons to refer to free mulattoes with some French or Spanish ancestry-thus, "Creoles of Color" or "Black Creoles." The meaning of the Creole identity varied and became a point of contention, especially in the mid-nineteenth century, when the tripartite scheme of racial classification came under intense pressure to change to a twofold scheme (Dominguez, 1986:12-16, 32, 94-151). Mulatto, meaning hybrid, comes from Spanish. A person who was seven-eighths African black was called a "mango" or a "sacatra." Someone three-quarters African was a "sambo" or a "griffe." "Quadroon"

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and "octoroon" became widely used for one-fourth and one-eighth African. The term "mustee," derived from the Spanish word mestizo (mixed European and Indian ancestry), meant an octoroon, often one who was part Indian, but in some places this term seemed to mean any mixture of black and Indian. A person one-sixteenth African was called a "meamelouc," and someone who was one sixty-fourth black a "sang-mele." The French Creoles had still other terms, and the Spanish had a total of sixty four. In view of the broad spectrum of ancestral fractions, such terms were usually just approximations.

Keeping mulatto concubines became a luxury of many white men in Southern cities during slavery, and nowhere was this more institutionalized than in Charleston and New Orleans. It also became frequent among wealthy men in Virginia, whose mulatto mistresses usually remained slaves. Sally Hemings, alleged mistress of Thomas Jefferson, was not freed until two years after his death (McHenry, 1980:35-38; Williamson, 1980:44-48). Jefferson's descendants and some of his biographers have insisted that the father of Sally Hemings's mixed children was one of Jefferson's nephews (Editors of Newsweek Books, 1974:336). Prospective concubines as well as prostitutes were sold as "fancy girls" in the internal slave markets, and New Orleans and Frankfort, Kentucky, became the largest markets for pretty quadroons and octoroons (Bennett, 1962:256). The respectable New Orleans plaçage system featured elaborate "quadroon balls" for meeting and courting prospective free mulatto mistresses and for meeting the parents and discussing details of agreements for housing and child care. Some arrangements lasted only months or a few years, while others became permanent.

In New Orleans, as in Charleston, both mulatto servants and concubines were brought in from the plantations, and lighter and lighter mulattoes appeared in each successive generation. As in South Carolina, the free mulattoes enjoyed more privileges than unmixed blacks, but fewer than those enjoyed by whites. Homer Plessy and Mrs. Susie Phipps, plaintiffs in two widely publicized lawsuits (see Chapter 1), were both descendants of some of these "free people of color." There was consider able passing as white, and, although legally forbidden in Louisiana, some intermarriage (Blassingame, 1973:17-21). Most interracial sexual contacts were between white men and nonwhite women, but some involved white women. Miscegenation was both widespread and tolerated, as lower Louisiana accepted the in-between status of mulattoes and rejected the one-drop rule.


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MISCEGENATION ON BLACK BELT PLANTATIONS


The spread of plantation slavery after 1720 throughout the lower South, and eventually west and north, brought large numbers of unmixed black slaves into the cotton- and rice-growing areas. White-black miscegenation was slow for a time, due to the initially low ratio of whites to nonwhites. The freeing of mulattoes in these new slave areas was a one-by-one process, and the exception rather than the rule, in contrast to the wholesale manumission that had occurred in the Chesapeake area. The large numbers of mulattoes produced in the early settlements in the upper South provided the main base of the nations racially mixed population, and many of these mulattoes were sold as slaves to owners in the lower South. As this mixed population grew and became diffused, increasing steps were taken to restrict the rights of free mulattoes and to limit further mixing with whites. However, a very large number of white genes were already present in the Negro population, both slave and free. Also, as we shall now see, miscegenation involving whites never ceased, and on the plantations it even increased.

Ownership of the female slave on the plantations generally came to include owning her sex life. Large numbers of white boys were socialized to associate physical and emotional pleasure with the black women who nursed and raised them, and then to deny any deep feelings for them (Blassingame, 1972:81-89). From other white males they learned to see black girls and women as legitimate objects of sexual desire. Rapes occurred, and many slave women were forced to submit regularly to white males or suffer harsh consequences. Frederick Douglass recounted the vicious beatings of his aunt by their slavemaster, who was probably also Douglass's father. His aunt paid a heavy price for rejecting her owner's sexual advances and remaining true to the slave man she loved (Martin, 1984:3-4).

However, slave girls often courted a sexual relationship with the master, or another male in the family, as a way of gaining distinction among the slaves, avoiding field work, and obtaining special jobs and other favored treatment for their mixed children (Reuter, 1970:129). This direct competition with white women was a dangerous game. Although the white fathers rarely acknowledged the paternity of their mixed offspring, they often did look out for them. Many of the sexual contacts between the races at this time took still other forms, such as prostitution, adventure,


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concubinage, and sometimes love. In rare instances, where free Negroes were concerned, there was even marriage (Bennett, 1962:243-68). Yet there is little doubt that at the height of the plantation era much of the miscegenation was marked by exploitation of slave females by white males. Generally, in spite of the physical intimacy, white dominance was maintained by the master-slave etiquette. Sexual contacts between white women and black men were not tolerated, because a mixed child in a white household violated and threatened the whole slave system. A mixed child in the slave quarters was not only no threat to.the system but also a valuable economic asset, another slave.

The vast majority of mulatto slaves on the plantations must have been permitted to find mates among other mulattoes or among unmixed Africans. Thus, large numbers of white genes were diffused into the slave population, and the percentage of unmixed blacks declined. Social distinctions, based on whether one was a house servant or a field hand and on the amount of "white blood," developed among the slaves, particularly if the whites concerned were aristocrats. A family prominent today in black society in Washington, D.C., traces its lineage back to George Washington through one of his mistresses. After being freed from slavery, the social status of a mulatto also depended on the length of time he or she had been free (Ottley, 1943:168).

The "genteel tradition" among mulattoes began in the "big house" on the plantation. The slave servants learned white manners, habits, beliefs, and the master's English rather than the pidgin dialect of the field hands. Sons of house servants often were apprenticed to skilled artisans and in rare instances were then freed or allowed to purchase their freedom. House servants and skilled artisans attended the white church but sat in a segregated section, while field slaves attended their own churches and developed the black spiritual tradition (Frazier, 1957). When house servants and craftsmen were freed, whether before or after the Civil War, they transplanted the genteel tradition to the cities, where they joined the mulatto elites, perpetuating plantation-white ways and the value of lightness as marks of high status in the Negro community. Blue-vein societies, and other organizations that excluded all but the very light mulattoes who could meet certain physical standards of lightness, became crucial in keeping the gates to upper-class status in the urban Negro communities. Black male preference for light-colored mulatto women who met caucasian standards of beauty continued long after the end of slavery, although serious questioning of this priority began in the 1850.

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On the slave plantations there were strong social forces among whites to define all racially mixed persons as blacks. When the French Count de Volney visited Thomas Jefferson at Monticello in 1795, he was startled to see children who appeared to be white but were defined and treated as black slaves. Although the sons and daughters of owners often received preferential treatment, they were still slaves, and freeing them was costly and rare. But manumission did occur, for such reasons as kinship, affection, or faithful service. In general, miscegenation was successfully managed by maintaining the master-slave etiquette. Violating the etiquette by treating mulattoes more like whites than blacks, and especially as members of the white family, could result in condemnation, ostracism, and even violence against the offending whites or their property. Thus, although there were some strains, exceptions, and ambiguities, the one-drop rule generally prevailed on the Black Belt plantations, in contrast to the general rejection of that rule in lower Louisiana and the Charleston area.

The 1850 census showed mulattoes to be 11.2 percent of the population classed as Negro. This was based on visibility only, and thus was a gross undercount of all Negroes with some white ancestry. Two-thirds of the mulattoes counted were in the upper South, and more than half of them were free. Of the smaller number of mulattoes counted in the lower South, including the Black Belt, less than one-tenth were free. Georgia's mulattoes were mostly slaves, as were most of those west and northwest of there, except for lower Louisiana. The majority of the mulattoes in both New Orleans and Charleston were free in 1850-exceptions to the general mold in the lower South. The pattern in the newest slave states of Missouri, Kentucky, and Tennessee was like that in the Black Belt: nine tenths of those counted as mulattoes were slaves. In this sense, white men were increasingly enslaving their own children and grand-children. Frederick Douglass expressed his confused feelings about having a white father "who would enslave his own blood" (Martin, 1984:3-4). By mid-century, then, the proportion of mulattoes in slavery was both very high and rising in areas and states settled after 1720, while farther north, in the area where mulattoes were more numerous, the majority were free. The 1860 census showed that this trend toward the "whitening" of slavery continued during the 1850s, owing to the low rate of manumission of mulattoes, and more to mulatto-unmixed black and mulatto-mulatto unions than to unions involving whites.

During the 1850s the South came under heavy pressure to defend its

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institutions against criticism from the North and from other countries. This included answering questions about the apparent inconsistencies of the slave system, such as the enslavement of the predominantly white persons, the double standard of sexual morality in miscegenation, institutionalized concubinage, and the differences in the status of mulattoes in different areas of the South. Fear that slavery might be prohibited also promoted fear of slave revolts and of free blacks. Tolerance of special treatment for mulattoes on the plantation declined, and further legal restrictions on manumission were imposed. Serious strains appeared in the alliance between mulattoes and whites in Charleston and lower Louisiana, and the status of mulattoes began to decline in free Negro communities as well. Thus the exceptions to the one-drop rule, particularly the buffer status of the mulatto elites in some situations and areas, began to be eroded by the forces leading up to the War Between the States.

Southern white hostility toward free mulattoes grew after 1850. In Virginia the discrepancy between the social and legal definitions of "black" erupted into bitter controversy, and the law that anyone less than one-fourth African was entitled to be white came under attack. A Charlottesville editor argued that endless mixture with whites cannot make a white person out of a Negro, thus lending his support to the one-drop rule (Berlin, 1975:365-66). Fear of insurrection and of the abolition of slavery turned whites against mulattoes even in South Carolina and Louisiana. There, as elsewhere in the South, vigilante groups were formed to watch free Negro communities and to punish whites who continued sexual liaisons with mulatto mistresses. This encouraged some Southern white women to speak out against mulatto concubinage. There was agitation to have only two classes of people rather than three and to expel nonproperty-holding mulattoes from South Carolina, Louisiana, and other states. The freeing of mulatto slaves became increasingly unpopular and legally restricted. In the 1860s the vigilante activity spawned the Ku Klux Klan.

Support for the rule that mulattoes were not blacks but an in-between group rapidly diminished during the 1850s, even in the Charleston and New Orleans areas. The Louisiana "Creoles of Color" began their long struggle to retain the advantages of an in-between status that was neither black nor white (Dominguez, 1986:134-41). Public opinion became more and more polarized, and all persons had to be classed as either white or black. The one-drop rule received more solid support than ever throughout the South, for the simple reason that it helped defend slavery. Public

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ideologists contended that God created blacks to be slaves, but the explicit argument that mulattoes were naturally slaves too was avoided. However, the contention that racially mixed persons are against nature and would die out because of their unsuitability to the American climate constituted an implicit embracing of the one-drop rule. All beliefs were shaped by the need to defend the institution of slavery, and thus all blacks came to be seen as natural slaves and all persons, with any amount of black ancestry as blacks (Williamson, 1980:73-75).

As whites in the lower South guardedly rejected the lighter mulattoes whom they had previously half-accepted, the latter sought alliances where they could find them. Despite the traditional distrust of mulatto elites in the free Negro communities, all Negroes began to be more allied in pursuit of their common causes. In this realignment of race relations, whites gained the one-drop rule but lost their alliance with the free mulattoes and the advantages of having a buffer group between themselves and unmixed blacks. This realignment started a basic shift in mulattoes' sense of identity, especially lighter mulattoes, who began to see themselves as Negroes rather than as a marginal group of "almost whites." This shift in self-identity was accelerated early in the Civil War, and dramatically so in Louisiana. In 1861 mulattoes formed a Negro regiment to defend Louisiana but were disarmed by white officers and became alienated from the white South. In 1862 the same regiment defected and joined the Northern army. Receiving much bad treatment from whites in the Northern forces, this regiment and other mulattoes came more and more to trust blacks rather than any whites, North or South.

RECONSTRUCTION AND THE ONE-DROP RULE

The Civil War ended in 1865, and the Reconstruction decade began with the passage of the Thirteenth Amendment to the u.S. Constitution, which freed the slaves. The North attempted to oversee the reconstruction of the South on a foundation of racial equality in place of slavery. But the Negroes had helped the North win the war, so a great many Southern whites considered them to be treacherous and disloyal-they had be

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come enemies. The racist ideas that were spread included many about mulattoes, who were lumped more and more decisively with blacks in general. Whites and all Negroes were now competitors for jobs, land, and political power. Job competition with mulattoes was especially feared because of their experience in the skilled crafts.

These postwar developments hastened the alliance between mulattoes and unmixed blacks that had begun in the 1850s. Mulatto elite leaders began to speak for Negroes as a whole and to lead the development of new American black institutions and a black culture. The lower South, especially South Carolina, Florida, and Louisiana, had the highest percentage of black legislators and other public officials during the Reconstruction period, and most of them were mulattoes. Many mulattoes migrated from the North and upper South to the lower South to help in the reconstruction as teachers, relief administrators, or missionaries. Southern whites widely feared that the newly freed black males would take advantage of the postwar shortage of white males and that miscegenation involving white women would be rampant. By 1867 this idea became an obsession with the Ku Klux Klan. Some whites advanced the view that they had lost the war because God was punishing them for miscegenation. Black Republican political participation, at the polls and in the legislatures, led temporarily to abolishing the South's statutes against racial intermarriage, the so-called anti-miscegenation laws-for example, Mississippi and Louisiana dropped their laws in 1870, South Carolina in 1872 (after having such a law for only seven years), and Arkansas in 1874. It was claimed at this time that every county in South Carolina had up to three or four mixed marriages involving white women, but the rate was always quite low.

Edward B. Reuter and others have concJuded that sexual contacts between whites and blacks after the war, but contrary evidence and reasoning are more persuasive. In fact, sexual contacts not only seem to have decreased considerably during the war and its aftermath, but also probably reached a low point during Reconstruction. While some Southern white women did take black lovers, and a very few married them, these instances stand out as exceptions. The race groups became more segregated as the slave plantations were replaced by small farms, so that daily contacts between whites and blacks were less frequent. There was less opportunity and also less inclination for interracial sexual contacts (Williamson, 1980:88-91). All this took place in the context of vast devastation, social upheaval, resentment against the North, and economic dis-


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tress, as Southern whites strove to replace slavery with a new system of cheap labor.

The economic development programs of the Reconstruction, including efforts to get blacks and landless whites settled on land of their own, largely failed. Rebuilding the South required a large amount of unskilled labor but also a great deal of construction work involving expertise. It was generally the mulatto slaves who were skilled in carpentry, masonry, cabinetmaking, painting, and maintenance of buildings and machinery, and mulatto slave women had been the dressmakers, gardeners, food preservers, and skilled cooks, as well as nursemaids and house servants. New industrial job opportunities began to emerge, and white Southern workers feared the competition of former slaves in industry as well as in the skilled crafts. Slaves had also been prohibited from learning to read, and there was fear that blacks would become literate and take over clerical jobs in business and government. Most whites in the South wanted blacks to be restricted to field work and other manual labor.

Eight Southern states adopted Black Codes, designed primarily to prohibit blacks from holding a large number of certain skilled and industrial jobs and to provide special penalties for black debtors and vagrants. These codes were quickly declared unconstitutional by the U. S. Supreme Court, and Congress responded by passing the Fourteenth and Fifteenth Amendments to the Constitution. The Fourteenth Amendment, ratified in 1868, provided that all citizens were entitled to equal protection and due process of law. The Fifteenth Amendment, ratified in 1870, ensured equal voting rights for all citizens regardless of "race, color, or previous condition of servitude"--all citizens except women, that is, since the attempt to add the word "sex" to the amendment failed.

The clear aim of the Thirteenth, Fourteenth, and Fifteenth Amendments was to ensure that the freed slaves had equal rights under the law. In 1867 Congress passed the Reconstruction Acts, providing for the temporary military rule of the South, which continued until 1875. During the Reconstruction years, many blacks served in state legislatures in the South, and twenty served in the U. S. Congress. It is little wonder that, during these strained years when Southern whites and blacks were competitors and enemies, white sexual contacts with blacks apparently were at a minimum.

Although blacks could no longer be owned as property objects, the demand was great for their hard physical labor at low cost, and the vast majority of them became tenant farmers under sharecropping agree-

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ments with white owners. The black women and girls helped in the fields, and the women were also in demand for household skills at low pay. Black children received little schooling in their separate and unequal schools, so that good field hands would not be "spoiled." The white landowners and new industrialists opposed white labor demands for segregation laws during the Reconstruction era, favoring instead paternalistic goodwill toward the blacks. In return, the white owners expected the sharecroppers, who had been used to slave quarters, to be content with inferior housing and public facilities (Woodward, 1957). Only toward the end of the nineteenth century did the white Southern elites join the white working class in urging legislators to enact state and local segregation laws, and then the tide was overpowering (Wilson, 1976:440-46).

Despite growing anti-mulatto sentiment among whites during the Reconstruction, antebellum attitudes and practices did not die all at once, especially in the lower South. Although the general disposition was clearly to move away from miscegenation and to embrace the one-drop rule, there was also much sentiment in favor of dealing equitably with the results of the previous practices. In New Orleans, for example, the census of 1880 showed 205 mixed marriages (which had been legalized by the Reconstruction government), 29 of which involved white women. Of the 205 whites involved in these marriages, 107 were foreign-born. All the couples tended to be older people. Thus, many of these marriages were antebellum, and many of the whites had been new in the community.

Well after the Reconstruction in South Carolina, as late as 1895, there was political conflict between proponents of an unqualified one-drop rule and those who favored exceptions for descendants of antebellum mulattoes. In the state constitutional convention of 1895 it was proposed that the state again outlaw interracial marriages, and a legislative committee attempted to define a Negro, suggesting at first that anyone with oneeighth or more black ancestry was a Negro. Some legislators objected to this, proposing instead the one-drop rule, to which a George Tillman took strong exception. Tillman maintained that a one-drop rule would prevent marriage among many white families in South Carolina, since so many of them had black ancestry. He argued further that these families had produced men who had served creditably in the Confederate army and that it would be unjust and disgraceful to discredit them by declaring all their descendants to be black. This reasoning carried the day, and a Negro was defined as a person with one-eighth African black ancestry. Judge Harpers old reasoning about white conduct and acceptance thus

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prevailed one more time over a strict one-drop rule. This result was reached only a year before the separate-but-equal precedent case of Plessy v. Ferguson in Louisiana, in which the U.S. Supreme Court declared Plessy (who had one-eighth African ancestry) to be black and embraced the one-drop rule (see Chapter 1).

An interesting part of the above debate involved a mulatto congressman named Robert Smalls, who put forth a proposal that whites who cohabited with Negroes be barred from public office and that their children be given property rights and the privilege of bearing the name of their father. Although Smalls's proposal was defeated, this open reminder of concubinage and other miscegenation in antebellum days caused much embarrassment and delay. This bold conduct by a mulatto in the South Carolina legislature came at a time when hostility toward miscegenation and mulattoes was reaching a peak and when segregation laws were being passed to keep the races apart, to get blacks out of politics, and in general to get the blacks all back in "their place." This Restoration effort will be looked at further in Chapter 4.

THE STATUS OF FREE MULATTOES, NORTH AND SOUTH
The status of freed slaves before the Civil War greatly influenced the subsequent spread and national acceptance of the one-drop rule. Although the first free Negroes had full rights and privileges of citizenship, we have seen that the upper South began early to impose legal restrictions on them. The limits placed on the freedom of the mulattoes in the Charleston and lower Louisiana areas were relatively mild compared with those throughout the plantation Black Belt. If freed slaves were caught without the periodically renewable certificate of their freedom, they could be arrested and sold at a public slave auction. They were always under suspicion of stealing, indolence, or plotting slave insurrections. They were denied education, the right to vote, public assembly, equal treatment in the courts, freedom of movement, and freedom to pursue many kinds of work. Although there were rare success stories, most freedpersons remained poor and insecure. Some slaves refused the offer of freedom, preferring slavery to the uncertainties, poverty, and

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severe legal restrictions. Many of these restrictions were extended to the newly emancipated blacks in 1865.

The status of freed blacks in the North before the Civil War was little better than in the South, and in some respects worse. The 1857 Supreme Court decision in the Dred Scott case denied citizenship to blacks and said that escaped slaves could be pursued into free states, arrested, and returned to slavery. Free blacks in general were then suspected of being escapees and were often asked to show the certificate of freedom. Typically in the North, blacks had been barred from hotels, theaters, and other places of entertainment and from skilled crafts and professional schools. They had been segregated on trains and in churches, limited to menial jobs, and taxed but not allowed to vote, serve on a jury, be a witness, or serve in the peacetime military forces (Reuter, 1970:110-12).

Two Northern states had prohibited intermarriage, one had prevented blacks from owning real estate or signing contracts, and five had not allowed blacks to testify in court (Litwach, 1961). Job competition produced tensions, and blacks were subjected to white race riots in several Northern cities in the 1820s, 1830s, and 1840s. Freedpersons in the North were generally poor, and their legal status was uncertain, varied, and changing. Thus, well before 1865, the entire nation had many precedents for systematic discrimination against "free" blacks, and the onedrop rule was in widespread use in the North and most of the South.

THE EMERGENCE AND SPREAD OF THE ONE DROP RULE

In this chapter we followed the process of black-white miscegenation in the United States after its beginnings in Africa and Europe through over two centuries of varied experience with slavery and through the Reconstruction era. In each place and period, miscegenation has been related to the pattern of white domination and the associated beliefs, and to the ways of defining who is black. To underline the emergence of the one-drop rule, let us review the main themes. The first large-scale blackwhite mixing in the United States took place in the Chesapeake area between white indentured servants and both slave blacks and free blacks. Most of the whites involved were from the underclass, and the mixed

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children were generally treated as blacks, although in Virginia many were legally white by virtue of the (then) one-fourth rule. Miscegenation in the lower South was on a small scale during the early colonial period and generally involved illicit unions between white males and black females, either slave or free. At this time, especially in the Charleston and New Orleans areas, mulattoes had an uncertain, in-between status, in contrast to that of unmixed blacks. Southern Louisiana and South Carolina became major exceptions to the one-drop rule, as miscegenation came to be accepted and free mulattoes developed an alliance with whites. Later, during the height of the plantation era, sexual contacts between whites and blacks were frequent and typically involved white male exploitation of black females, often under threats of violence or other punishment. Sometimes the contacts involved adventure, love, prostitution, or concubinage, and often they were initiated by the slave girls or slave women to gain special favors for themselves or their mixed children.

Preferential treatment in the "big house" initiated the "genteel tradition," which was transferred by the limited amount of manumission to the free Negro communities. In general, the master-slave etiquette made it possible for white males to have interracial sexual contacts but to remain in total control of the slaves. Intimacy between white women and black men was not tolerated, because a mixed child in a white family threatened the slave system, but another mulatto in the slave quarters was an economic asset, not a threat.

The temptation to think of miscegenation only in terms of intermarriage must be avoided, since most black-white sexual contacts in the United States have not had the benefit of legal sanction, either during slavery or since. One must also avoid the temptation to think of miscegenation as involving only white-nonwhite sexual contacts. Long before slavery ended, miscegenation had been occurring in mulatto-African black and mulatto-mulatto unions, and often American Indian ancestry was involved as well. Genes from white and black populations were mixed in these matings, since mulattoes transmit white genes as well as black, and this is so whether one individual is mainly African black and the other mainly white, or the two have more nearly equal ratios. Thus, by the end of slavery, the visible traits of the population defined by the one-drop rule as American blacks showed a very wide and continuous variation from unmixed black to white. In fact, as early as the time of the American Revolution there were plantation slaves who appeared to be

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completely white, as many of the founding fathers enslaved their own mixed children and grandchildren.

Although strong forces motivated Black Belt plantation whites to define a racially mixed child as a black slave, many white owners and other white kin of the mixed child were inclined to grant special treatment when they could do so with impunity. The chief competition to the one drop rule remained in the Charleston and New Orleans areas. At the height of the plantation era, most of the mulattoes remained slaves, mixing with the African blacks and thus "whitening" the slave population. In the 1850s the strong fears of abolition and slave insurrections resulted in growing hostility toward miscegenation, mulattoes, concubinage, passing, manumission, and of the implicit rule granting free mulattoes a special, in-between status in the lower South. The discrepancy between the social and legal definitions of black in Virginia became a bitter public issue. Thus the South came together in strong Support of the one-drop rule in order to defend slavery, although some issues and exceptions to the rule continued for decades.

The growing rejection by whites of the tie with mulattoes produced a shift in the sense of identity of free mulattoes, who began to seek alliances with Negroes in general. The Civil War greatly accelerated the alienation of mulattoes from whites and caused Southern whites to see all Negroes as enemies. During the Reconstruction, after the war ended in 1865, mulattoes emerged as leaders of blacks in the South, and especially as teachers, relief administrators, missionaries, and legislators. Thus mulattoes, having no real choice, were themselves increasingly accepting the one-drop rule.

Black-white sexual contacts apparently declined after 1850, reaching a low point during the Reconstruction years, despite the temporary aboli tion of the anti-miscegenation laws. Opportunities for intimate contact were reduced when the slave plantations were replaced by the paternalistic sharecropping system, and both white and black inclination for close contacts had declined. Despite the shortage of white males, only a few white women took black lovers or husbands, but that was enough to fan the fear that racial mixing involving white females would run rampant. Poor white males, who feared black competition in skilled trades and in industry, joined the Ku Klux Klan and other vigilante groups to protect "white womanhood." Some intimate contacts between white males and black females continued, but in the midst of all the chaos and change there was far more mulatto-mulatto and mulatto-unmixed black miscege-

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nation than that involving whites. And, despite some court cases and statutes that limited the definition of black persons to those with onefourth, one-eighth, or some other definite fraction of black ancestry, support for the one-drop rule was strong in the decades following the Civil War. The rule was supported in the North as well as in the South, and by both whites and blacks, including mulattoes.

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