CHAPTER II

WHAT IS A NEGRO?

LEGAL DEFINITION OF NEGRO

“I had not been long engaged in the study of the race problem when I

found myself face to face with a curious and seemingly absurd question:

‘What is a Negro?’” said Mr. Baker.[8]

Absurd as the question apparently is, it is one of the most perplexing

and, at times, most embarrassing that has faced the legislators and

judges.

If race distinctions are to be recognized in the law, it is essential

that the races be clearly distinguished from one another. If a statute

provides that Negroes shall ride in separate coaches and attend separate

schools, it is necessary to decide first who are included under the term

“Negroes.” It would seem that physical indicia would be sufficient, and,

in most instances, this is true. It is never difficult to distinguish

the full-blooded Negro, Indian, or Mongolian one from the other or from

the Caucasian. But the difficulty arises in the blurring of the color

line by amalgamation. The amount of miscegenation between the Mongolian

and other races represented in the United States is negligible; but the

extent of intermixture between the Caucasian and the Negro, the Negro

and the Indian, and the Caucasian and the Indian is appreciable, and

problems arising from it are serious.

It is absolutely impossible to ascertain the number of mulattoes—that

is, persons having both Caucasian and Negro blood in their veins—in the

United States. Mr. Baker[9] says: “I saw plenty of men and women who

were unquestionably Negroes, Negroes in every physical characteristic,

black of countenance with thick lips and kinky hair, but I also met men

and women as white as I am, whose assertions that they were really

Negroes I accepted in defiance of the evidence of my own senses. I have

seen blue-eyed Negroes and golden-haired Negroes; one Negro girl I met

had an abundance of soft, straight, red hair. I have seen Negroes I

could not easily distinguish from the Jewish or French types; I once

talked with a man I took at first to be a Chinaman but who told me he

was a Negro. And I have met several people, passing everywhere for

white, who, I knew, had Negro blood.”

A separate enumeration of mulattoes has been made four times—in 1850,

1860, 1870, and 1890 respectively. The census authorities themselves

said that the figures were of little value, and any attempt to

distinguish Negroes from mulattoes was abandoned in the census of 1900.

If a person is apparently white, the census enumerator will feel a

delicacy in asking him if he has Negro blood in his veins. If the

enumerator does ask the question and if the other is honest in his

answer, it is often that the latter does not know his own ancestry. Dr.

Booker T. Washington, for instance, has said that he does not know who

his father was.[10] Marital relations among Negroes during slavery were

so irregular, and illicit intercourse between white men and slave women

was so common that the line of ancestry of many mulattoes is hopelessly

lost. But Mr. Baker makes the rough estimate, which doubtless is

substantially correct, that 3,000,000 of the 10,000,000 (_circa_)

Negroes are visibly mulattoes. This one third of the total Negro

population represents every degree of blood, of color, and of physical

demarcation from the fair complexion, light hair, blue eyes, thin lips,

and sharp nose of the octoroon, who betrays scarcely a trace of his

Negro blood, to the coal-black skin, kinky hair, brown eyes, thick lips,

and flat nose of the man who has scarcely a trace of Caucasian blood. It

is this gradual sloping off from one race into another which has made it

necessary for the law to set artificial lines.

The difficulty arising from the intermixture of the races was realized

while the Negro was still a slave. Throughout the statutes prior to

1860, one finds references to “persons of color,” a generic phrase

including all who were not wholly Caucasian or Indian. This antebellum

nomenclature has been brought over into modern statutes. It is

surprising to find how seldom the word “Negro” is used in the statutes

and judicial decisions.

Some States have fixed arbitrary definitions of “persons of color,”

“Negroes,” and “mulattoes”; others, having enacted race distinctions,

have then defined whom they intended to include in each race. This has

been done particularly in the laws prohibiting intermarriage. The

Constitution of Oklahoma[11] provides that “wherever in this

Constitution and laws of this State, the word or words, ‘colored,’ or

‘colored race,’ or ‘Negro,’ or ‘Negro race,’ are used, the same shall be

construed to mean, or apply to all persons of African descent. The term

‘white’ shall include all other persons.”

Taking up these definitions in the various States—many of them included

within broader statutes—one finds that Alabama,[12] Kentucky,[13]

Maryland,[14] Mississippi,[15] North Carolina,[16] Tennessee,[17] and

Texas[18] define as a person of color one who is descended from a Negro

to the third generation inclusive, though one ancestor in each

generation may have been white. The Code Committee of Alabama of 1903

substituted “fifth” for “third,” so that at present in that State one is

a person of color who has had any Negro blood in his ancestry in five

generations.[19] The laws of Florida,[20] Georgia,[21] Indiana,[22]

Missouri,[23] and South Carolina[24] declare that one is a person of

color who has as much as one-eighth Negro blood: the laws of

Nebraska[25] and Oregon[26] say that one must have as much as one-fourth

Negro blood in order to be classed with that race. Virginia[27] and

Michigan apparently draw the line in a similar way. In Virginia, a

marriage between a white man and a woman who is of less than one-fourth

Negro blood, “if it be but one drop less,” is legal. A woman whose

father was white, and whose mother’s father was white, and whose

great-grandmother was of a brown complexion, is not a Negro in the sense

of the statute.[28] In 1866, the court of Michigan, under a law limiting

the suffrage to “white male citizens,” held that all persons should be

considered white who had less than one-fourth of African blood.[29] That

State gave the right to vote also to male inhabitants of Indian descent,

but its court held that a person having one-eighth Indian blood,

one-fourth or three-eighths African, and the rest white was not included

in that class.[30] Ohio limited the suffrage to white male citizens and

made it the duty of judges of election to challenge any one with a

“distinct and visible admixture of African blood,” but the latter

requirement was held unconstitutional in 1867,[31] the court saying

that, where the white blood in a person predominated, he was to be

considered white. This definition is interesting because it is the only

instance found of a court’s saying that a person with more than half

white blood and the rest Negro should be considered white. In contrast

with this is the following sweeping definition laid down in the

Tennessee statute: “All Negroes, Mulattoes, Mestizoes,[32] and their

descendants, having any African blood in their veins, shall be known in

this State as ‘Persons of Color.’”[33] Arkansas also, in its statute

separating the races in trains, includes among persons of color all who

have “a visible and distinct admixture of African blood.”[34]

In everyday language, a mulatto is any person having both Caucasian and

Negro blood. But several States have defined “mulatto” specifically. The

Supreme Court of Alabama[35] held, in 1850, that a mulatto is the

offspring of a Negro and a white person, that the offspring of a white

person and a mulatto is not a mulatto; but this definition was enlarged

in 1867[36] to include anyone descended from Negro ancestors to the

third generation inclusive, though one ancestor in each generation be

white. It has been seen already that this was recently extended to the

fifth generation. The law of Missouri[37] defines a mulatto thus: “Every

person other than a Negro, any one of whose grandfathers or grandmothers

is or shall have been a Negro, although his or her other progenitors,

except those descending from the Negro, may have been white persons,

shall be deemed a mulatto, and every such person who shall have

one-fourth or more Negro blood shall in like manner be deemed a

mulatto.”

Some States have allowed facts other than physical characteristics to be

presumptive of race. Thus, it has been held in North Carolina[38] that,

if one was a slave in 1865, it is to be presumed that he was a Negro.

The fact that one usually associates with Negroes has been held in the

same State proper evidence to go to the jury tending to show that he is

a Negro.[39] If a woman’s first husband was a white man, that fact, in

Texas,[40] is admissible evidence tending to show that she is a white

woman.

One may ascertain how some of the States define the other races from

their laws against miscegenation. Thus, Mississippi, in prohibiting

intermarriage between Caucasians and Mongolians, includes one having as

much as one-eighth Mongolian blood. Oregon makes its similar law

applicable to those having one-fourth or more Chinese or Kanakan[41]

blood, or more than one-half Indian blood. Thus, three-eighths of Indian

blood would not be sufficient to bar a man from intermarriage with a

Caucasian, but one-fourth Negro, Chinese, or Kanakan blood would.

The above are the laws which define the races. The interpretation of

them is a different question. Some statutes say that one is a person of

color—in effect, a Negro—if he is descended from a Negro to the third

generation inclusive, though one ancestor in each generation may have

been white; others define as a person of color a man who has as much as

one-eighth Negro blood; and still others, one who has as much as

one-fourth Negro blood.

The following diagram will probably clarify these definitions:

[Illustration]

G.G.F. G.G.M. G.G.F. G.G.M. G.G.F. G.G.M. G.G.F. G.G.M.

III A B C D E F G H

\ / \ / \ / \ /

\ / \ / \ / \ /

\/ \/ \/ \/

G.F. G.M. G.F. G.M.

II I J K L

\ / \ /

\ / \ /

\ / \ /

\ / \ /

\ / \ /

\ / \ /

I F M

M\ /N

\ /

\ /

\ /

\ /

\ /

\ /

\ /

\ /

\ /

\ /

\ /

\ /

X

Suppose it is desired to ascertain whether the son X is a white person

or a Negro. The first generation above him is that of his parents, M and

N. If either of them is white and the other a Negro, X has one-half

Negro blood and would be considered a Negro everywhere. The second

generation is that of his grandparents, I, J, K, and L. If any one of

them is a Negro and the other three white, X has one-fourth Negro blood,

and would be considered a Negro in every State except possibly Ohio. The

third generation is that of his great-grandparents, A, B, C, D, E, F, G,

and H. If any one of these eight great-grandparents is a Negro, X has

one-eighth Negro blood and would be considered a Negro in every State

which defines a person of color as one who has one-eighth Negro blood or

is descended from a Negro to the third generation inclusive. Suppose,

for instance, the great-grandfather A was a Negro and all the rest of

the great-grandparents were white. The grandfather I would be half

Negro; the father M would be one-fourth Negro; and X would be one-eighth

Negro. Thus, though of the fourteen progenitors of X only three had

Negro blood, X would nevertheless be considered a Negro.

In the above illustrations only one of the progenitors has been a Negro

and his blood has been the only Negro blood introduced into the line.

Suppose, however, that there is Negro blood in both branches of the

family, as where a mulatto marries a mulatto or a mulatto marries a

Negro. One with a mathematical turn of mind may take these three

generations and work out the various other combinations which would give

X one-half, one-fourth, one-eighth, or any other fraction of Negro

blood.

It is safe to say that in practice one is a Negro or is classed with

that race if he has the least visible trace of Negro blood in his veins,

or even if it is known that there was Negro blood in any one of his

progenitors. Miscegenation has never been a bridge upon which one might

cross from the Negro race to the Caucasian, though it has been a

thoroughfare from the Caucasian to the Negro. Judges and legislators

have gone the length of saying that one drop of Negro blood makes a man

a Negro, but to be a Caucasian one must be all Caucasian. This shows

very clearly that they have not considered Negro blood on a par with

Caucasian; else, race affiliation would be determined by predominance of

blood. By the latter test, if one had more Negro blood than white, he

would be considered a Negro; if more white than Negro, a Caucasian.

Therefore, at the very threshold of this subject, even in the

definitions of terms, one discovers a race distinction. Whether it is a

discrimination depends upon what one considers the relative desirability

of Caucasian and Negro ancestry.

PROPER NAME FOR BLACK MEN IN AMERICA

Having considered how the law defines that heterogeneous group of people

called Negroes, one is brought face to face with the question: What, in

actual practice, is the proper name for the black man in America? Is it

“Negro?” Is it “colored person?” Is it “Afro-American?” If not one of

these, what is it? Among the members of that group, the matter of

nomenclature is of more than academic interest. Thus, Rev. J. W. E.

Bowen, Professor of Historical Theology at Gamman Seminary, Atlanta, and

editor of _The Voice of the Negro_, in 1906, published an article in

that paper with the pertinent title, “Who are We?”

The ways of speaking of members of the Negro race are various. In the

laws, as has been shown, they are called “Negroes,” “Persons of Color,”

“Colored Persons,” “Africans,” and “Persons of African Descent”—more

often “Persons of Color.” By those who would speak dispassionately and

scientifically they are called Negroes and Afro-Americans. Those who are

anxious not to wound the feelings of that race speak of them as “Colored

People” or “Darkies”; while those who would speak contemptuously of them

say “Nigger” or “Coon.” “Nigger” is confined largely to the South;

“Coon,” to the rest of the country. Again, one occasionally finds

“Blacks” and “Black Men” in contradistinction to “Whites” and “White

Men.”

The question of the proper name for persons of African descent was

brought into prominence in 1906. In that year a bill was laid before

Congress relative to the schools of the City of Washington, which

provided that the Board of Education should consist of nine persons,

three of whom should be “of the colored race.” Representative Thetus W.

Sims, of Tennessee, objected to the phrase on the ground that it would

include “Indians, Chinese, Japanese, Malays, Sandwich Islanders, or any

persons of the colored race,” and insisted that “Negroes” or “persons of

the Negro race” should be substituted in its place. He wrote to Dr.

Booker T. Washington, as one of the leaders of the Negro race, asking

his views as to the proper word. The following is part of his reply:

“... It has been my custom to write and speak of the members of my race

as Negroes, and when using the term ‘Negro’ as a race designation to

employ the capital ‘N.’ To the majority of the people among whom we live

I believe this is customary and what is termed in the rhetorics ‘good

usage.’... Rightly or wrongly, all classes have called us Negroes. We

cannot escape that if we would. To cast it off would be to separate us,

to a certain extent, from our history, and deprive us of much of the

inspiration we now have to struggle on and upward. It is to our credit,

not to our shame, that we have risen so rapidly, more rapidly than most

other peoples, from savage ancestors through slavery to civilization.

For my part, I believe the memory of these facts should be preserved in

our name and traditions as it is preserved in the color of our faces. I

do not think my people should be ashamed of their history, nor of any

name that people choose in good faith to give them.”[42]

Representative Sims’s objection to the phrase “of the colored race”

precipitated a discussion throughout the country. The New York

_Tribune_[43] made a canvass of a great many prominent Negroes and white

persons to ascertain what they thought the Negro should be called. The

result of its inquiry is this: An average of eleven Negroes out of

twenty desired to be spoken of as Negroes. The other nine spurned the

word as “insulting,” “contemptuous,” “degrading,” “vulgar.” Two argued

for “Afro-American,” two for “Negro-American,” one for “black man,” and

one was indifferent so long as he was not called “Nigger.” Of the white

men interviewed, ten out of thirteen, on an average, preferred the word

“Negro.” The Negroes made a specially strong plea for capitalizing the

word “Negro,” saying that it was not fair to accord that distinction to

their dwarfish cousins, the Negritos in the Philippines, and to the many

savage tribes in Africa and deny it to the black man in America. They

were also strongly opposed to the word “Negress” as applied to the women

of their race. This, they asserted, is objectionable because of its

historical significance. For in times of slavery, “Negress” was the term

applied to a woman slave at an auction, in contradistinction to “buck,”

which referred to a male slave.

E. A. Johnson, Professor of Law in Shaw University, North Carolina,

said: “The term ‘Afro-American’ is suggestive of an attempt to disclaim

as far as possible our Negro descent, and casts a slur upon it. It

fosters the idea of the inferiority of the race, which is an incorrect

notion to instill into the Negro youth, whom we are trying to imbue with

self-esteem and self-respect.”

Rev. J. W. E. Bowen, to whom reference has already been made, said: “Let

the Negroes, instead of bemourning their lot and fretting because they

are Negroes and trying to escape themselves, rise up and wipe away the

stain from this word by glorious and resplendent achievements. Good

names are not given; they are made.”

Rev. H. H. Proctor, pastor of the First Congregational Church, Atlanta,

said: “What is needed is not to change the name of the people, but the

people of the name. Make the term so honorable that men will consider it

an honor to be called a Negro.”

Rev. Walter H. Brooks, pastor of the Nineteenth Street Baptist Church,

Washington, wrote: “The black people of America have but to augment

their efforts in lives of self-elevation and culture, and men will cease

to reproach us by any name whatever.”

Finally, Charles W. Anderson, Collector of Internal Revenue, New York,

said: “I am, therefore, inclined to favor the use of ‘Negro,’ partly

because to drop it would expose me to the charge of being ashamed of my

race (and I hate any man who is ashamed of the race from which he

sprung), and partly because I know that no name or term can confer or

withhold relative rank in this life. All races and men must win equality

of rating and status for themselves.”

One is safe in concluding that the word “Negro” (with the capital “N”)

will eventually be applied to the black man in America. White people are

distinctly in favor of it: what Negroes now object to it do so because

of its corrupt form, “Nigger.” As the Negro shows his ability to develop

into a respectable and useful citizen, contemptuous epithets will be

dropped by all save the thoughtless and vicious, and “Negro” will be

recognized as the race name.

NOTES

Footnote 8:

“Following the Colour Line,” p. 151.

Footnote 9:

_Ibid._, p. 151.

Footnote 10:

“Up From Slavery,” p. 2.

Footnote 11:

Art. XIII, sec. 11.

Footnote 12:

Code, 1867, p. 94; Code, 1876, p. 187, sec. 2; Code, 1886, I, p. 56,

sec. 2; Code, 1896, I, p. 112, sec. 2.

Footnote 13:

Laws of Ky., 1865–66, p. 37.

Footnote 14:

Pub. Gen. Laws of Md., I, art. 27, sec. 305, p. 878.

Footnote 15:

Laws of Miss., 1865, p. 82.

Footnote 16:

Pell’s Revisal of 1908, II, sec. 3369.

Footnote 17:

Code, 1884, sec. 3291.

Footnote 18:

Laws of Tex., special session, 1884, p. 40.

Footnote 19:

Code, 1907, I, p. 218, sec. 2.

Footnote 20:

Laws of Fla., 1865, p. 30; Code, 1892, pp. 111 and 681; Gen. Stat.,

1906, p. 165, sec. 1.

Footnote 21:

Laws of Ga., 1865–66, p. 239.

Footnote 22:

Annotated Stat., 1908, III, sec. 8360.

Footnote 23:

Annotated Stat, 1906, II, sec. 2174.

Footnote 24:

Laws of S. C, 1864–65, p. 271.

Footnote 25:

Compiled Stat., 1895, sec. 3644.

Footnote 26:

Bellinger and Cotton’s Code and Stat., II, sec. 5217.

Footnote 27:

Laws of Va., 1865–66, p. 84.

Footnote 28:

McPherson’s Case, 1877, 28 Grat. 939.

Footnote 29:

People v. Dean, 1866, 14 Mich. 406.

Footnote 30:

Walker v. Brockway, 1869, I Mich. N. P. (Brown) 57.

Footnote 31:

Monroe v. Collins, 1867, 17 O. S. 665.

Footnote 32:

A mestizo is a person of mixed blood, specially a person of mixed

Spanish and American Indian parentage.—Century Dictionary, V, p. 3728.

Footnote 33:

Laws of Tenn., 1865–66, p. 63.

Footnote 34:

Kirby’s Digest, 1904, sec. 6632, p. 1378.

Footnote 35:

Thurman v. State, 1850, 18 Ala. 276.

Footnote 36:

Code, 1867, p. 94.

Footnote 37:

Laws of Mo., 1864, p. 67.

Footnote 38:

McMillan v. School Com., 1890, 12 S. E. 330; 107 N. C. 609.

Footnote 39:

Hopkins v. Bowers, 1892, 16 S. E. 1; 111 N. C. 175.

Footnote 40:

Bell v. State, 1894, 33 Tex. Cr. R. 163.

Footnote 41:

A Kanakan is a Hawaiian or Sandwich Islander.—Century Dictionary, IV,

p. 3264.

Footnote 42:

The Norfolk, Va., _Landmark_, June 13, 1906.

Footnote 43:

The New York _Daily Tribune_, June 10, 1906, part IV, p. 2.

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