Circular Letter to “Local Registrars, Clerks, Legislators, and others responsible for, and interested in, the prevention of racial intermixture,” from Walter A. Plecker, State Registrar of Vital Statistics, Richmond

Posted in Law, Letters, Media Archive, Politics/Public Policy, United States, Virginia on 2013-01-04 19:59Z by Steven

Circular Letter to “Local Registrars, Clerks, Legislators, and others responsible for, and interested in, the prevention of racial intermixture,” from Walter A. Plecker, State Registrar of Vital Statistics, Richmond

Commonwealth of Virginia, Bureau of Vital Statistics
Richmond, Virginia
December 1943

Source: Rockbridge County (Va.) Clerk’s Correspondence, 1912-1943. Local Government Records Collection, Rockbridge County Court Records. The Library of Virginia. 10-0878-003.

In a 1943 letter to local registrars, clerks, and legislators, Plecker asserted, “[T]here does not exist today a descendant of Virginia ancestors claiming to be an Indian who is unmixed with negro blood.”

To Local Registrars, Clerks, Legislators, and others responsible for, and interested in, the prevention of racial intermixture:

In our January 1943 annual letter to local registrars and clerks of courts, with list of mixed surnames, we called attention to the greatly increased effort and arrogant demands now being made for classification as whites, or at least for recognitions as Indians, as a preliminary step to admission into the white race by marraiage, of groups of the descendants of the “free negroes,” so designated before 1865 to distinguish them from slaves.

According to Mendel’s law of heredity, one out of four of a family of mixed breeds, through the introduction of illegitimate white blood, is now so near white in appearance as to lead him to proclaim himself as such and to demand admission into white schools, forbidden by the State Constitution.  The other three people of this type are applying for licenses to marry whites, or for white licenses when intermarrying amongst themselves.  These they frequently secure with ease when they apply in a county or city not the home of the woman and are met by clerk or deputy who justifies himself in accepting a casual affidavit as the truth and in issuing a license to any applicant regardless of the requirements of Section 5099a, Paragraph 4, of the Code.  This Section places the proof upon the applicants, not upon the clerks.  We have learned that affidavits cannot always be accepted as truth. This loose practice (to state it mildly) of a few clerks is now the greatest obstacle in the way of proper registration by race required of the State Registrar of Vital Statistics in that Section. Local registrars, who are supposed to know the people of their registration areas, of course, have no excuse for not catching false registration of births and deaths.

Public records in the office of the Bureau of Vital Statistics, and in the State Library, indicate that there does not exist today a descendant of Virginia ancestors claiming to be an Indian who is unmixed with negro blood

Read the entire letter here.

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Constructing and Contesting Color Lines: Tidewater Native Peoples and Indianness in Jim Crow Virginia

Posted in Dissertations, History, Identity Development/Psychology, Law, Media Archive, Native Americans/First Nation, Politics/Public Policy, United States, Virginia on 2011-07-10 19:50Z by Steven

Constructing and Contesting Color Lines: Tidewater Native Peoples and Indianness in Jim Crow Virginia

George Washington University
2009-01-31
392 pages

Laura Janet Feller

A Dissertation submitted to The Faculty of the Columbian College of Arts and Sciences of The George Washington University in partial fulfillment of the requirements  for the degree of Doctor of Philosophy

Indian peoples in the United States have faced many challenges to their group and individual identities as Native Americans over centuries of cultural exchange, demographic change, violence, and dispossession. For Native Americans in the South those challenges have arisen in the context of the idea of “race” as a two-part black-white social, cultural, and political system. This dissertation explores how groups and individuals in tidewater Virginia created, re-created, claimed, re-claimed, retained and maintained identities as Indians after the Civil War and into the 1950s, weathering decades of the ever-stranger career of Jim Crow. They did this in the face of varied pressures from white Virginians who devoted enormous political and social effort to the construction of race as a simple binary division between black and white people.

In the era after the Civil War, tidewater Indians coped by creating new tribal organizations, churches, and schools, presenting theatrical productions that used pan-Indian symbols, and maintaining separations from their African American neighbors. To some extent, they acquiesced in whites’ notions about the “inferior” racialized status of African Americans. In late nineteenth- and early twentieth-century tidewater Virginia, while contending with, and sometimes adapting, popular ideas about “race” and “blood purity,” organized tidewater Virginia Indians also drew from a sense of their shared histories as descendants of the Algonquian Powhatan groups, and from pan-Indian imagery. This project explores how popular ideas about “race” shaped their world and their efforts to position themselves as red rather than black or white, while whites worked to construct “race” along a black-white “color line.”

Table of Contents

  • Acknowledgements
  • Abstract of Dissertation
  • Table of Contents
  • List of Tables
  • Introduction
  • Chapter One: Not Black and Not White: Contexts for Constructing Native Identities in the South from Slavery to the 1920s
  • Chapter Two: Making the 1924 “Racial Integrity” Law: Defining Whiteness, Blackness, and Redness in a Modernizing, Bureaucratizing State
  • Chapter Three: Constructing Native Identities in Tidewater Virginia between 1865 and 1930: Reservations, Organizations, and Public Ceremonies
  • Chapter Four: “Conjuring:” Ethnologists and “Salvage” Ethnography among Tidewater Native American Peoples
  • Chapter Five: In the Aftermath of the “Racial Integrity” Law
  • Conclusion
  • Bibliography

Introduction

The challenge is not only to recognize the fluidity of race, but to find ways of narrating events, social movement, and the trajectory of individual lives in all their integrity along the convoluted path of an ever-shifting racial reality.

Matthew Frye Jacobson

One narrative that illuminates the “ever-shifting racial reality” in America is the story of how individuals and communities in tidewater Virginia created, recreated, and publicly claimed and re-claimed Native American identities after the Civil War and into the 1950s, weathering decades of the ever-stranger career of Jim Crow. They did this in the face of varied pressures from white Virginians who devoted enormous political and social effort to the construction of race in Virginia as a black-white binary system. A 1924 Virginia “miscegenation” law, an “Act to Preserve Racial Integrity,” exemplifies those efforts. That law demonstrated how racialized justifications for segregation could be joined to national eugenic debates of the 1920s. It also punctuated decades of efforts by white individuals to deny that anyone in Virginia was “really” Indian, based upon the notion that all Virginians who said they were Indian were at best racially “mixed” and had some white or African “blood.”

Thus, in late nineteenth- and twentieth-century Virginia, the popular “one drop” idea of what makes one an African American came together with ideas about “blood quantum” and “purity” of racialized “blood,” at a time when tidewater Native people were constructing, re-constructing, and maintaining identities as Indians in the aftermath of emancipation and in the era of Jim Crow. While sometimes contending with, and sometimes adapting for their own purposes, popular ideas about “blood” purity and racialized identities, organized tidewater Virginia Indians also drew from a sense of their shared, localized histories as descendants of the Algonquian Powhatan groups, and from pan-Indian symbols. This project explores how popular ideas about “race” pervaded their efforts, even as they worked to position themselves as “red” rather than black or white, while whites worked to construct of “race” along a black-white “color line.”

The organized tidewater Indian groups persisted in their fight for acceptance oftheir Indian identities despite their lack of distinctive languages and the fact that for more than a century they had been perceived by outsiders as having lost most of the material culture that many whites regarded as markers of “real” Indians. Organized tidewater Natives’ campaigns, institutions, and representations of Indian identity illuminate a part of the story of the construction of “race” in America, but also some of the complications raised by questions about how “ethnic” groups form and persist in the United States. How can we best talk about the histories of “race” and ethnicity in America? How can a shared sense of a common history contribute to construction of ethnic or racialized boundaries, compared to other factors such as a shared land base, parentage, or language? How is it that for Native Americans, whites so often have assumed and even imposed the notion that the only valid Native tradition is one that, if not totally static, has a documentable track stretching “unbroken” back through many generations?

For American Indians nationally, part of this dynamic has been that they have dealt with whites in whose eyes Indians were often both racialized and ethnicized. For tidewater organized Native groups in the period of this study, it seems that their foes wanted them categorized primarily as “racial” groups, and that Virginia Indians fought back on grounds and with weapons that to a large extent reflected the racialized, segregated world in which they lived.

The 1924 law on “racial integrity” was part of a long history of racial legislation in Virginia and throughout the United States designed to create racialized lines in a world where such lines had been blurred since the age of European colonization began. “Miscegenation” law, for example, was solidly entrenched in the English colonies then in the United States, until the Supreme Court’s 1967 ruling in Loving v. Virginia. The first ban on “interracial” marriage in the English North American colonies was Maryland’s in 1664. Virginia’s first “miscegenation” law dated from 1691, and it explicitly included Native Americans among those forbidden to marry white individuals. Before 1924, Virginia laws specified what made someone black rather than defining whiteness. To define “blackness” as a legal matter, Virginia law before 1924 typically expressed and codified racialized identities in terms of numbers of ancestors, or fractions of ancestry. Virginia’s 1924 “racial integrity” law, though, defined legal “whiteness” rather than “blackness.” In doing so, this statute in effect made a matter of explicit law, for the first time in Virginia, the concept of a “one drop rule” for what makes someone legally African American. The sole exception to the whiteness definition in the 1924 law was that a Virginian could be legally white if he or she had no more than “one-sixteenth” Indian “blood” and his or her ancestors were otherwise “white.”

This 1924 statute stands at several intersections in the history of racialist thinking and racism in America. In it, Jim Crow meets “scientific racism” and eugenic thought. As a “miscegenation” law, the statute also illustrates some of the ways in which racialized identities are entwined with conflicts about sexuality. It evidences how constructions of social and cultural identities could connect with, or be contested by, state powers and legal discourses, within the context of the modernizing tendencies of post-World War I governmental policies and programs…

…Starting with 1924 as a focal point, this project looks at Native and “mixed” Native identities as claimed and recorded before and after passage of Virginia’s “Racial Integrity” law. Moving backward into the post-Civil War era and then forward from 1924 into the 1950s, this study explores the impact of Virginia’s 1924 “miscegenation” law on individuals and communities who claimed Native American identities. The 1924 law was a climax of sorts in decades of official and social efforts by whites to classify Virginia Indians variously as “persons of color,” “mulattoes,” or African Americans. Native peoples’ reservation lands in Virginia disappeared, except for two that survive to this day. The Mattaponi and Pamunkey people of those two reservations had some advantages in that they had and have a land base, and along with that land they also have community structures recognized by whites. Even the reservation peoples, though, faced white reluctance to concede the continuing existence of red, rather than black or white, identities in Virginia. Non-reservation tidewater Native people had even trickier choices to make about when and how they would identify themselves publicly, in official situations and documents, as Indians…

Read the entire dissertation here.

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The Virginia Racial Integrity Act Revisited: The Plecker-Laughlin correspondence: 1928-1930

Posted in Articles, History, Law, Politics/Public Policy, United States, Virginia on 2010-01-19 01:55Z by Steven

The Virginia Racial Integrity Act Revisited: The Plecker-Laughlin correspondence: 1928-1930

American Journal of Medical Genetics
Volume 16, Issue 4
Pages 483 – 492
December 1983
DOI: 10.1002/ajmg.1320160407

Philip Reilly
University of Houston Law Center, Houston, Texas
 
Margery Shaw
University of Houston Law Center, Houston, Texas

Correspondence between Walter Ashby Plecker, Virginia State Registrar of Vital Statistics between 1912 and 1938, and Harry Hamilton Laughlin, Superintendent of the Eugenics Record Office at Cold Spring Harbor between 1910 and 1939, provides evidence of efforts to enforce the Virginia Racial Integrity Act of 1924. After antimiscegenation policy is placed in a historical context, excerpts from the letters are offered to demonstrate the zeal with which one state official pursued this eugenic policy.

Read or purchase the article here.

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