The acts of Virginia following independence used the terms negro and
mulatto. The term “colored” or “free person of color” were not used.
Mulatto was defined by an 1785 act as “every person other than a
negro..“who possessed one fourth part or more of negro blood.” Less than
one fourth blood was a white person. A slave could be anyone whose mother
was a slave, whether that person was negro, mulatto or white. If the negro
or mulatto were free, the term then used was free negro or free mulatto.
        Henings Statutes are not a codification of Virginia law but a compilation.
Because they are listed chronologically, it takes considerable effort
review the evolution of the acts dealing with slaves, etc. There was a 1792
act “to reduce into one, the several acts concerning slaves, free negroes,
and mulattoes.” The best way to research these issues is to start with the
Revised Code of 1819 (the first “codification” of Virginia statutes).  It
lists references to the acts which are the source of the 1819 code. These
references are to the compilation in Henings, so review of the original act
is possible. The 1819 Revised Code should be available at any law library.

Richard E. Dixon
Attorney at Law
Fairfax, VA 22030
703-830-8177
fax 703-691-0978



> [Original Message]
> From: Michael M. Foreman <[log in to unmask]>
> To: <[log in to unmask]>
> Date: 12/20/2003 11:05:26 PM
> Subject: Mulattoes
>
> Was Mulatto recognized as a a defined race in Colonial Virginia and after
> the state proclaimed independence?
>
> Did Virginia law preclude marriage between Mulattoes and Caucasians?
>
> Did Virginia law preclude marriage between Mulattoes and Negroes?
>
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