Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-01-03

fr n Iwo SECTIONS OF the Cole of Virginia. ~ suca te
a 10 induce the iruprossinn that they were new
-, ,bc r. raj OF 1899 and especially cIIticlsc one"
do scr,.ns 70. d5e) calculated 10 encourage
INN and which ought To be repealed IT,,
/, ia mn, nv purpose 10 engage in discussion as 10 wv.
aocv and effect OF The SECTORS referred 1t" desifo "
nv howcve that oil that the county or corporation co"
az. authorized 10 do Is 10 certify mol lh me al',I
,r y, s .nn nor that he she - entitled 10 Inc ri2s a
;,sors at white person; hut certify that he oenS
rec pcsou and though ci mixed bloody is not nesro "
end that nc may be protected against me peha n,Jy
5.;.iss 70 which free negroes are subject as ""s"'
think your conclusion-,ha "he certificate invests MN
nj the legal aud political rights OF citizenship hd
nor shat person. having less linn oneqna'e' heEG
81. in legal mplation, white man anu ''g'iie
member Of society,"" Take for example, mo case VI m
dian ui mixed bloo! resident in Virginia (shefe aI gun
some here and were more In 1888 II; wona ct,i ~,
til!ed certificate Ior descendants OF n. u
expressly named in The preamble TO Tie act OF ioo.
w.! c that certificate would protect hm rom 'ie peua
nm, disabilities of free negro yet il would scaiceY ~
Him with 'the legal and political rights OF c'zenshp
would entille him In our elections u! 'e @
of the constitution which limits the right oil sui'ase " Ie
WHITE c7IzESs So apprehenh, 1t would be IN me case
- desccpdant OF negro Such certificate woula pro-
tec1 him rom the peculiar penalties ana osaoics pr
s,rsG free ncglUes such; It would invest nun m
some Of The legal or political rights M y suJ
law on white persons. II to betrayed I'm MS ' anu
nor,l organization the essential character Of Inc negro
du no, think the certificate would make him "hte hai
nn legal contemplation any than IN ac o! rsse
him 10 level with OF make him free and hi associate WIN
ihn white man. Nor do SEQ how tho law os ls or tnc
certificate given under it, would compel "A fellowship WI"
neg oes" or those having the physlcai unc no'a' s
zaIon essential to the negro.
If such or any thing like such consequences legitimate
~ flowed from the law, it is strange they had MOI oeen e'
covered before this The clause in The Cocc al page
nothing mere than the Of clause enacted,
believe, originally in 1855, when the revision oil 'e en-
trusted to Pendltion ftrson and Hyhe was conptn eA
,mned and revised oy the three Councillors, Fendeio"
uykc and Blair and the whole published ~ what was
called the Chanccurs Revision The same cansc was
tanned in every subsequent revision ana cotp'ia'u w ~
prs md re- enacted hen the statutes revised oY 1t0uhe'
COcer Brockenbroush and Lsgh were passed. consll'u
hs clause thus enacted in 1885, and continued until 1880
is in these words: Every person, other Than negro OF
whose grandfalhei5 grandmoherS any one Is or sna
have been negro although all his other pogentor exccp!
that descending from the negro shall have been white per-
sons shall be deemed muIuto; and So every ouch person.
who shall hare fourth part or more OF negro pooo Sa
10 like manner be deemed mulatio 400 ;,
The corresponding clause In the present Code page 43o Is
n, follows rycry person who has oneo;lh part or moro
of negro blood shall be deemed mula;:o and the word
ncgro" in any other section OF ms or any o'ncr
shall be construed to mean 'mulaio well 80 negro In
much fewer Words it contains the whole substance OF tne
clause In the law of 1855 The only change is in the oms'
sion OF words, of obviously superfiuors repetition
Thus il seems be- manifest that within the con-
templaiion of law, from 1885, (at lcasO down 10 inc
present day no person has been subject TO the penaes
and disabilities OF Tree negroes and mulaocs MS suc VINO
had less than one-fouh OF negro blood in his veins Whc
Their il is expedent for any other reason TO change inc Law"
il IT, think very certain il s not go for the purpose OF pre-
venting person having hc physlcai amu mora oisua
lion essential to the character of ncgIo rom being raised
10 the level with the white II there had never oeen
law authorizing certificate from county or corporation
court that person of mixed blood was mol Tree negro or
muatto-the law having declared that Va mulao was per-
son having one.fouh negro tlcod-no person VINO md less
could have tcen subject 10 the penalties ana oisaoies pre-
scrbed for negroes and muaocs There might DC ami was
sometimes difficulty after prosecution or oner proceedings
Ia tanning the act-5nt whenever atcer
raned that person proceeded against as free negro
mulaon had ess than fourth OF negro blood he could
not bc subest 10 the penalties AID disabilities imposed by
law on free nrgioes and mua;tocs. de might be slave
and hound 10 service as suc-he might have the physical
Nd, yIpYpn min al
still he could not he presented Us Tree negro
Or mulao Whether this be unwse or not It IL certain HAT
such has been The Of the State for sixy-eeit years and
Nobody beioc has proposed 10 change IT, So far lromi
provision was introduced in support and con!rmaIien
BY providing the by which persons having less
han one-fourth negro blood might have judicial aesta
ion Of the fact, be relieved from The necessity oil
epoa,ed proofs and by which the public prosecutors Nigh!
void the mistake Of prosecuting as free negroes or muat
ocs, those who were not liable as such.
This provision is the second one referred 10 In your ed
ORAL and found page 400 Of the Code The object aad
fleet OF this H. l think, misunderstood
II is not any than the oihe! clause, new 10 nni ie-
salIoH. II is taken from the OF February, 1883 (Sc5
ions acts 1892 49, page 81 chap SOY en:ted ian act
ernng descendants Of indians and other persons 81 nired
looi mol being free negroes or nuii!io;S.''
IL provides THAT il shall be lawful Tor the several County
;cur.s of nis Commonwealth, upon satisfactory evidence
white persons bcrg adGuccd before any such Court
rant 10 any free person of mixed blood, resident within
uch County being white person free negro
,uaIto certificate that lie she is not free negro
which certificate shall nc Sufficient 10 project and secure
UGH person from and agans, The palms. penalties dsabii
es and disoualcaons imposed by upon free negroes
nd At page i6S, is
,iows:
Ihs..aU,. ne person OF tbs fact, MAJ grant 10 any
person Of mixed blood resident the:cn certificate that
is negro; which certificate shall protect such per-
m against the penalties and Disabilities to which Tree ne
rors are SuaJGct as sucll."
Here again il will be that The provision which had
zen in force Tor nearly twenty years continued in force
the rcyisa Of 1919, with other change than tho
mission of superluous words. The words, mo, being
white nerscn" wholly unnecessary and tauolopnus
hon the Law required ths the person should be o 7n'rt
ood" The words 'Eol being free negro muiatO,"
ere ohyiosuIyeupc uous as tho certificate declare
lat he was The court is not Authorized under The
give tine certificate except 10 who Of nlirtd
ood and therefore not white man, and vet ~ strange
=appebcnson Of its OBJECT and naenton 10 s express
nguagc, it is objected 10 aud criticised as recognizing
such person as 1shc men ard eLtilling him to Ger
iicalc u the ac wiz -: that he is chHc man from
QUIT Of record certificate that only be given 10
:rsoa who is 'ol mixed blood and therefore MI white
an is supposed to furnish record evidence that lie Inns been
Judged 10 be g while man.
person liza wing nothing OF the physical organization Of
rgto would nor be likely to apply for certificate, and #
did and the Court found that no was white man. and
Ut OF mixed blood, il would not, certainly ought no 10
i've him certificate, which, in such case %ou! be not
My unnecessary but plainly unauthorized by the law ia
niy when does betiay something OF The physical
gunzaton OF negro and is n fact Of mixed blood that
certificate is wanted and would be given importing
lat although he is Of mixed blood, and may have negro
God, We; he haa less than one.fouh of such blood. So
- then, from such certificate placing him level Of
,cia political rights with the white man. it would i'm
and furnish record evidence that he not white
an but Of mixed BLOOD exempt from certain penalties and
liabilities Of negroes generally.
Whether this exemption ought 10 be employed by those
Tho have less than fourth only by those having less
oneeish lees than sixteenth less Than
;y second part Of negro blood may be fair subject Of dis
lsson and to which there may well be difference OF opn
N. But The il understood by me, it tr OF
Importance in social v!e%nor the leg und political rights
nd relations OF white and negroes be materially infect
whether tho portion Of negro blood making The discrim
alton be one fourth any smaller quantity Its like
hat person having The physical organization Of the
ro ~cu! gain admission fashionable party with or
hou Ills certificate, unless he shond 20 without invita-
on to mask ball; and the exhibition of such crr.
hcatc woa!d certainly exclude expt him thence. Nor
in agree with you, that The process Of amaigamcon Will
more apt 10 be reso ted To one because knows
lat his progeny in The third The second generation
ay be ube get certificate that thcy are not negroes
s well t this subject has been brought before The leg
laiurc and The public because believe The law has been
sunderstood and rscorsIued by Of those who have
I'd 10 execute II. Though, my impression Is, that when
true object and effect enqursd into il will he found
onl hnsty and superficial consideration Of it.
a LAWYER.
Rail. ROAD MEETING IN KING WILLIAM.
At King William Court House, on tho Goth OF December.
meeting held, relative the contemplated Kali Road
ON Richmond to York River.
The Chairman, Major Vim. $. Fonaine, in few well
,I..-.-