A more certain proof of the fact that Negro blood is widely distributed among the white people may be found in the laws and judicial decisions of the various States. Laws, as a rule, are not made until demanded by a sufficient number of specific cases to call for a general rule; and judicial decisions of course are never announced except as the result of litigation over contested facts. There is no better index of the character and genius of a people than their laws.
In North Carolina, marriage between white persons and free persons of color was lawful until 1830. By the Missouri code of 1855, the color line was drawn at one-fourth of Negro blood, and persons of only one-eighth were legally white. The same rule was laid down by the Mississippi code of 1880. Under the old code noir of Louisiana, the descendant of a white and a quadroon was white. Under these laws many persons currently known as "colored," or, more recently as "Negro," would be legally white if they chose to claim and exercise the privilege. In Ohio, before the Civil War, a person more than half-white was legally entitled to all the rights of a white man. In South Carolina, the line of cleavage was left somewhat indefinite; the color line was drawn tentatively at one-fourth of Negro blood, but this was not held conclusive.
"The term 'mulatto'," said the Supreme Court of that State in a reported case, "is not invariably applicable to every admixture of African blood with the European, nor is one having all the features of a white to be ranked with the degraded class designated by the laws of the State as persons of color, because of some remote taint of the Negro race…. The question whether persons are colored or white, where color or feature is doubtful, is for the jury to determine by reputation, by reception into society, and by their exercises of the privileges of a white man, as well as by admixture of blood."
It is well known that this liberality of view grew out of widespread conditions in the State, which these decisions in their turn tended to emphasize. They were probably due to the large preponderance of colored people in the State, which rendered the whites the more willing to augment their own number. There are many interesting color-line decisions in the reports of the Southern courts, which space will not permit the mention of.
In another article I shall consider certain conditions which retard the development of the future American race type which I have suggested, as well as certain other tendencies which are likely to promote it.
Boston Evening Transcript, August 25, 1900
A COMPLETE RACE-AMALGAMATION LIKELY TO OCCUR
I have endeavored in two former letters to set out the reasons why it seems likely that the future American ethnic type will be formed by a fusion of all the various races now peopling this continent, and to show that this process has been under way, slowly but surely, like all evolutionary movements, for several hundred years. I wish now to consider some of the conditions which will retard this fusion, as well as certain other facts which tend to promote it.
The Indian phase of the problem, so far at least as the United States is concerned, has been practically disposed of in what has already been said. The absorption of the Indians will be delayed so long as the tribal relations continue, and so long as the Indians are treated as wards of the Government, instead of being given their rights once for all, and placed upon the footing of other citizens. It is presumed that this will come about as the wilder Indians are educated and by the development of the country brought into closer contact with civilization, which must happen before a very great while. As has been stated, there is no very strong prejudice against the Indian blood; a well-stocked farm or a comfortable fortune will secure a white husband for a comely Indian girl any day, with some latitude, and there is no evidence of any such strong race instinct or organization as will make the Indians of the future wish to perpetuate themselves as a small and insignificant class in a great population, thus emphasizing distinctions which would be overlooked in the case of the individual.
The Indian will fade into the white population as soon as he chooses, and in the United States proper the slender Indian strain will ere long leave no trace discoverable by anyone but the anthropological expert. In New Mexico and Central America, on the contrary, the chances seem to be that the Indian will first absorb the non-indigenous elements, unless, which is not unlikely, European immigration shall increase the white contingent.