The one-drop rule was not adopted as law until the 20th century: first in Tennessee in 1910 and in Virginia under the Racial Integrity Act of 1924 (following the passage of similar laws in several other states).
Before and during the centuries of slavery, people had interracial relationships, both forced and voluntary formed. In the antebellum years, free people of mixed race (free people of color) were considered legally white if individuals had up to one-eighth or one-quarter African ancestry (depending on the state).[5] Many mixed-race people were absorbed into the majority culture based simply on appearance, associations and carrying out community responsibilities. These and community acceptance were the more important factors if a person's racial status were questioned, not his or her documented ancestry. Because of the social mobility of antebellum society in frontier areas, many people did not have documentation about their ancestors.
Based on DNA and historical evidence, Thomas Jefferson is widely believed to have fathered the six mixed-race children of his slave Sally Hemings; four survived to adulthood. Hemings was three-quarters white by ancestry and a half sister of the late Martha Wayles Jefferson.[quote 1] Their children were born into slavery because of her status; as they were seven-eighths European in ancestry, they were legally white under Virginia law of the time.[6] Jefferson allowed the two oldest to escape in 1822 (freeing them legally would have been a public action which he avoided); the two youngest he freed in his 1826 will. Three of the four entered white society as adults, and all their descendants identified as white.[6]
Legislation and practice
Both before and after the American Civil War, many people of mixed ancestry who "looked white" and were of mostly white ancestry were legally absorbed into the white majority. State laws established differing standards. For instance, 1822 Virginia law stated that to be defined as "mulatto" (that is, multi-racial), a person had to have at least one-quarter (equivalent to one grandparent) African ancestry.[quote 2] This was a looser definition than the state's 20th-century "one-drop rule" under the 1924 Racial Integrity Act. This defined a person as legally "colored" (black) for classification and legal purposes if the individual had any African ancestry. Social acceptance and identification were historically the key to classification.
Although the Virginia legislature increased restrictions on free blacks following the Nat Turner Rebellion of 1831, it refrained from establishing a one-drop rule. When a proposal was made by Travis H. Eppes and debated in 1853, representatives realized that such a rule could adversely affect whites, as they were aware of generations of interracial relationships. During the debate, a person wrote to the Charlottesville newspaper:
[If a one-drop rule were adopted], I doubt not, if many who are reputed to be white, and are in fact so, do not in a very short time find themselves instead of being elevated, reduced by the judgment of a court of competent jurisdiction, to the level of a free negro.[5]:230
The state legislators agreed. No such law was passed until 1924, when people's historical memory appeared to have faded.
The Melungeons are a group of multiracial families of mostly European and African ancestry whose ancestors were free in colonial Virginia. They migrated to the frontier in Kentucky and Tennessee. Their descendants have been documented over the decades as having tended to marry persons classified as "white".[9] Their descendants became assimilated into the majority culture from the 19th into the 20th centuries.
Later in the 19th century following Reconstruction, southern states acted to impose racial segregation by law and restrict blacks, specifically passing laws to exclude them from politics and voting. From 1890 to 1908, all the former Confederate states passed such laws, and most preserved disfranchisement until after passage of federal civil rights laws in the 1960s. At the South Carolina constitutional convention in 1895, an anti-miscegenation law and changes that would disfranchise blacks were proposed. Delegates debated a proposal for a one-drop rule to include in these laws. George D. Tillman said the following in opposition:
If the law is made as it now stands respectable families in Aiken, Barnwell, Colleton, and Orangeburg will be denied the right to intermarry among people with whom they are now associated and identified. At least one hundred families would be affected to my knowledge. They have sent good soldiers to the Confederate Army, and are now landowners and taxpayers. Those men served creditably, and it would be unjust and disgraceful to embarrass them in this way. It is a scientific fact that there is not one full-blooded Caucasian on the floor of this convention. Every member has in him a certain mixture of... colored blood. The pure-blooded white has needed and received a certain infusion of darker blood to give him readiness and purpose. It would be a cruel injustice and the source of endless litigation, of scandal, horror, feud, and bloodshed to undertake to annul or forbid marriage for a remote, perhaps obsolete trace of Negro blood. The doors would be open to scandal, malice, and greed; to statements on the witness stand that the father or grandfather or grandmother had said that A or B had Negro blood in their veins. Any man who is half a man would be ready to blow up half the world with dynamite to prevent or avenge attacks upon the honor of his mother in the legitimacy or purity of the blood of his father.[4][10]
In 1865, Florida passed an act that both outlawed miscegenation and defined the amount of Black ancestry needed to be legally defined as a "person of color". The act stated that "every person who shall have one-eighth or more of negro blood shall be deemed and held to be a person of color." (This was the equivalent of one great-grandparent.) Additionally, the act outlawed marriage, fornication, and the intermarrying of white females with men of color; however the act permitted the continuation of marriages between white persons and persons of color that were contracted before the law was enacted.[11]
The one-drop rule was made law, chiefly in the U.S. South but also in other states, in the 20th century—decades after the Civil War, emancipation and Reconstruction. It followed restoration of white supremacy in the South and the passage of Jim Crow racial segregation laws. In the 20th century, it was also associated with the rise of eugenics and ideas of racial purity. From the late 1870s on, white Democrats regained political power in the former Confederate states and passed racial segregation laws controlling public facilities, and laws and constitutions from 1890 to 1910 to achieve disfranchisement of most blacks. Many poor whites were also disfranchised in these years, by changes to voter registration rules that worked against them, such as literacy tests, longer residency requirements and poll taxes.
The first challenges to such state laws were overruled by Supreme Court decisions which upheld state constitutions that effectively disfranchised many. White Democratic-dominated legislatures proceeded with passing Jim Crow laws that instituted racial segregation in public places and accommodations, and passed other restrictive voting legislation. In Plessy v. Ferguson, the Supreme Court allowed racial segregation of public facilities, under the "separate but equal" doctrine.
Jim Crow laws reached their greatest influence during the decades from 1910 to 1930. Among them were hypodescent laws, defining as black anyone with any black ancestry, or with a very small portion of black ancestry.[3] Tennessee adopted such a "one-drop" statute in 1910, and Louisiana soon followed. Then Texas and Arkansas in 1911, Mississippi in 1917, North Carolina in 1923, Virginia in 1924, Alabama and Georgia in 1927, and Oklahoma in 1931. During this same period, Florida, Indiana, Kentucky, Maryland, Missouri, Nebraska, North Dakota, and Utah retained their old "blood fraction" statutes de jure, but amended these fractions (one-sixteenth, one-thirty-second) to be equivalent to one-drop de facto.[12]
Before 1930, individuals of visible mixed European and African ancestry were usually classed as mulatto, or sometimes as black and sometimes as white, depending on appearance. Previously, most states had limited trying to define ancestry before "the fourth degree" (great-great-grandparents). But, in 1930, due to lobbying by southern legislators, the Census Bureau stopped using the classification of mulatto. Documentation of the long social recognition of mixed-race people was lost.
The binary world of the one-drop rule disregarded the self-identification both of people of mostly European ancestry who grew up in white communities, and of people who were of mixed race and identified as American Indian. In addition, Walter Plecker, Registrar of Statistics, ordered application of the 1924 Virginia law in such a way that vital records were changed or destroyed, family members were split on opposite sides of the color line, and there were losses of the documented continuity of people who identified as American Indian, as all people in Virginia had to be classified as white or black. Over the centuries, many Indian tribes in Virginia had absorbed people of other ethnicities through marriage or adoption, but maintained their cultures. Suspecting blacks of trying to "pass" as Indians, Plecker ordered records changed to classify people only as black or white, and ordered offices to reclassify certain family surnames from Indian to black.
Since the late 20th century, Virginia has officially recognized eight American Indian tribes and their members; the tribes are trying to gain federal recognition. They have had difficulty because decades of birth, marriage, and death records were misclassified under Plecker's application of the law. No one was classified as Indian, although many individuals and families identified that way and were preserving their cultures.
In the case of mixed-race American Indian and European descendants, the one-drop rule in Virginia was extended only so far as those with more than one-sixteenth Indian blood. This was due to what was known as the "Pocahontas exception". Since many influential First Families of Virginia (FFV) claimed descent from the American Indian Pocahontas and her husband John Rolfe of the colonial era, the Virginia General Assembly declared that an individual could be considered white if having no more than one-sixteenth Indian "blood" (the equivalent of one great-great-grandparent).
The eugenicist Madison Grant of New York wrote in his book, The Passing of the Great Race (1916): "The cross between a white man and an Indian is an Indian; the cross between a white man and a Negro is a Negro; the cross between a white man and a Hindu is a Hindu; and the cross between any of the three European races and a Jew is a Jew."[13] As noted above, Native American tribes such as the Omaha, which had patrilineal descent and inheritance, used hypodescent to classify the children of white men and Native American women as white.
well there goes @Gravity's defense
Gladwell identifies as a mixed Euro Jamacian and is forthcoming in his books about it. He's good money in my books. No c00ning there.
I just showed you his relatives and lineage
