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Subject:
From:
"Maass, John R Dr CMH" <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Thu, 8 May 2008 07:05:29 -0400
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How were Smith and Pocahontas a mixed race couple? She was involved with
and married John Rolfe, not Smith.

-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of Paul Finkelman
Sent: Wednesday, May 07, 2008 6:40 PM
To: [log in to unmask]
Subject: Re: [VA-HIST] Mildred Jeter Loving (1940-2008), & an apology
(was Re: What would Jeffer...

Smith and Pocahontas were an early mixed race couple.  In the 1920s  VA
passed its law declaring that any person with ANY non-white ancestry was
not white!  A few years later the legislature passed an amendment to say
that people with less than 1/16th Indian ancestry were also "white."  It
was known as the Pocahontas law because many FFV's claimed to be
descendants of Smith and his Indian  bride.  Before the Civil War people
who were less than 1/4th non-white were considered white.  The
definition of "white" or "black" has alway been socially and legally
constructed.

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386
[log in to unmask]
>>> [log in to unmask] 05/07/08 5:53 PM >>>
Weren't John Smith and Pocahontas a mixed race marriage in Virginia 





 We quote the late Ned Heite, who wrote about white-Indian couplings 30
Jan 2000:


      
What happened to 
        the Delmarva Indians? Dr. Helen C. Rountree, in her several
excellent 
        publications, has given us a picture of those Eastern Shore
Indian descendants 
        who have been identified. Many of our neighbors are clearly
identified 
        as Indians, and their ancestry is not in doubt.




      
However, I am coming 
        to the conclusion that most of the Indian descendants in the
Middle Atlantic 
        region today are identified as "white," and not "mulatto" 
        or "black."




      
There is plenty 
        of unwritten evidence that intermarriage between Indians and
whites was 
        the rule, rather than the exception, in the early years of
European colonization. 
        In the latest issue of the Archaeological Society of Virginia
bulletin 
        is Martha McCartney's insightful analysis of the census records
for the 
        Virginia colony compiled in 1619-1620. Most settlers were male;
in some plantations, all were male. There simply were no "available" 
        English women.




      
Therefore, we must 
        assume that these fellows were either gay, celibate, or mated
with Indian 
        women. Take your choice, but remember that they were largely
young and 
        robust single Englishmen, away from home and not terribly well
regulated. 
        So only the third choice stands the test of reasonableness.




      
Flash forward nearly 
        a century, and? ---the Virginia legislature passes a law stating
that the 
        child of a white and an Indian is a mulatto, but the child of a
white 
        and a half Indian (that is, with one Indian grandparent) is
white.--- ? This 
        rule seems to have held in Delaware and Maryland, too.




      
Why do legislatures 
        pass laws? Because some constituent believes there is an issue
to be addressed. 
        We don't talk about gun laws unless there is gun violence.
Clearly there 
        is a reason to enfranchise as "white" anyone with only one
Indian 
        grandparent. My suggestion: The legislators, or their
constituents, needed 
        to define a difference between "mulatto" and "white" 
        for purposes of the civil law.




      
The logical inference 
        from the Virginia legislature's definition is that there must
have been 
        plenty of white planters with Indian ancestry who wanted their
franchise 
        protected during a period when racial divides were becoming
sharper and 
        sharper.




      
Indian wives would 
        help explain why so many genealogies are easily traced through
the male 
        line, but hit dead ends at the female side. If the mother was an
Indian, 
        and if the marriage was sanctioned only in the most irregular
way, a child's 
        legal record (in cases of probate for example) would refer only
to his 
        or her father's side, the mother's family being outside the
English legal 
        system.



 B&R Terry


 

-----Original Message-----
From: [log in to unmask]
To: [log in to unmask]
Sent: Wed, 7 May 2008 3:47 am
Subject: Re: [VA-HIST] Mildred Jeter Loving (1940-2008), & an apology
(was Re: What would Jeffer...










 
Weren't John Smith and Pocahontas a mixed race marriage in Virginia some
 
time before the Loving's decided to make a Federal case out of the whole
thing.
 
J South




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