According to Hening's Statutes, "ACT XII, December 1662
WHEREAS some doubts have arrisen whether children got by any Englishman upon
a negro woman should be slave or ffree, Be it therefore enacted and declared
by this present grand assembly, that all children borne in this country
shalbe held bond or free only according to the condition of the mother, And
that if any christian shall committ ffornication with a negro man or woman,
hee or shee soe offending shall pay double the ffines imposed by the former
act.
The individual's complexion did not determine their freedom, but rather they
took the condition of the mother. Achild born to a slave was a slave,
regardless of paternity. There were no legal white slaves in Virginia,
although there were white indentured servants. I'm unaware of the Virginia
law you cited; can you give the source?
There have been former slaves &/or Free Persons of Color who individually
petioned the courts or General Assembly to be declared white. These
petitions are online, but unfortunately I no longer have the URL. The
Library of Virginia now has the Legislative Database online @
http://www.lva.lib.va.us/whatwehave/gov/petitions/descsubject.asp?which=Free
%20Negroes which contains a description of some petitions.
Hope this helps
Margie C. Young-Taylor
----- Original Message -----
From: "Richard Dixon" <[log in to unmask]>
To: <[log in to unmask]>
Sent: 23 April 2003 08:12
Subject: Re: Fw: White slaves
> My query is drifting away. I am interested in why a freed slave, such as
> Eston Hemings, would still be required under Virginia law to leave the
> state unless granted permission to stay by the General Assembly, if the
> freed slave were white under Virginia law. I suspect it is because the
> status as a former slave triggered the requirements of the statute. There
> would also be the difficulty of legally proving the white percentage of
> blood. Does anyone know of an example where a slave, legally white, was
> freed and then assumed the status of a white man. This is distinct from
> "passing" into white society which hid the former status. Virginia had a
> statute that defined a white man as one with 7/8 white blood. Are there
any
> examples on how this was applied?
>
>
> Richard E. Dixon
> Clifton, VA 20124-2115
> 703-830-8177
> fax 703-691-0978
>
>
>
> > [Original Message]
> > From: Paul Finkelman <[log in to unmask]>
> > To: <[log in to unmask]>
> > Date: 4/22/2003 11:16:58 PM
> > Subject: Re: Fw: White slaves
> >
> > Feel free to stand wherever you wish. There is no reason to let an
> > overwhelming amount of evidence other than the DNA interfere with your
> > beliefs.
> >
> > Paul Finkelman
> >
> > jporeilly1 wrote:
> >
> > >Sir,
> > >
> > >There is no absolute absolute proof of this. A P.C. DNA is not
> > >absolute proof. I stand by T.J.
> > >
> > >A Virginian
> > >
> > >----- Original Message -----
> > >From: "Paul Finkelman" <[log in to unmask]>
> > >To: <[log in to unmask]>
> > >Sent: Tuesday, April 22, 2003 6:46 PM
> > >Subject: Re: Fw: White slaves
> > >
> > >
> > >
> > >
> > >>As history shows there was little risk; he did it, as did thousands,
> > >>even tens of thousands, of other white masters, with little or no
cost.
> > >> What was the risk? There was no t.v., few reporters, and lots more
> > >>privacy than today; Sally could talk to no one, she was a slave.
What
> > >>is the "everything" he could lose? His wealth, no. His other slaves,
no.
> > >> His fame, no. His nice house, no. His popularity in Virginia (where
> > >>it was done all the time?) no.
> > >>
> > >>Paul Finkelman
> > >>
> > >>jporeilly1 wrote:
> > >>
> > >>
> > >>
> > >>>----- Original Message -----
> > >>>From: "jporeilly1" <[log in to unmask]>
> > >>>To: <[log in to unmask]>
> > >>>Sent: Tuesday, April 22, 2003 5:39 PM
> > >>>Subject: Re: White slaves
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>>I don't know! Maybe it's all a big lie. Did you ever think of
> > >>>>that? Do you really think a man of T.J's position would risk it
> > >>>>all to play with a (dime a dozen) slave girl? Get real. Think about
> > >>>>yourselves. Is
> > >>>>that stuff so sweet and so dear, that you would risk everything
> > >>>>you ever worked for, for your entire life? I know not what course
you
> > >>>>boys may take, but as for me, .... Is that stuff really worth the
risk
> > >>>>of losing everything? Wake up boys! You wouldn't do it and you know
> > >>>>T.J. wouldn't either! Now, then again, maybe his hot nephew might
not
> be
> > >>>>
> > >>>>
> > >>>>
> > >>>>
> > >>>so
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>>reluctant, huh?
> > >>>>
> > >>>>A Virginian
> > >>>>
> > >>>>----- Original Message -----
> > >>>>From: "Richard Dixon" <[log in to unmask]>
> > >>>>To: <[log in to unmask]>
> > >>>>Sent: Tuesday, April 22, 2003 5:18 PM
> > >>>>Subject: White slaves
> > >>>>
> > >>>>
> > >>>>
> > >>>>
> > >>>>
> > >>>>
> > >>>>>The assumption that Sally Hemings was the child of a black women
and
> a
> > >>>>>white man seems accepted. Her children are also assumed to have
been
> > >>>>>
> > >>>>>
> > >the
> > >
> > >
> > >>>>>children of a white man. Under the Virginia law at that time, they
> were
> > >>>>>white.Why then did Jefferson seek permission (also a requirement of
> > >>>>>statute) for Madison and Eston Hemings, freed under the terms of
his
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>will,
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>>>to remain in Virginia. It was also provided by statute that the
child
> > >>>>>
> > >>>>>
> > >of
> > >
> > >
> > >>>>>
> > >>>>>
> > >>>a
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>>>slave women was born a slave, If the child were white and freed
when
> an
> > >>>>>adult, why did he not become a "white man" and automatically
divested
> > >>>>>
> > >>>>>
> > >of
> > >
> > >
> > >>>>>those requirements that control black freed slaves, i.e., leave the
> > >>>>>Commonwealth unless granted permission to stay by the General
> Assembly?
> > >>>>>
> > >>>>>
> > >>>>>Richard E. Dixon
> > >>>>>Clifton, VA 20124-2115
> > >>>>>703-830-8177
> > >>>>>fax 703-691-0978
> > >>>>>
> > >>>>>To subscribe, change options, or unsubscribe, please see the
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>instructions
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>>>at http://listlva.lib.va.us/archives/va-hist.html
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>To subscribe, change options, or unsubscribe, please see the
> instructions
> > >>>at http://listlva.lib.va.us/archives/va-hist.html
> > >>>
> > >>>
> > >>>
> > >>>
> > >>>
> > >>--
> > >>Paul Finkelman
> > >>Chapman Distinguished Professor of Law
> > >>University of Tulsa College of Law
> > >>3120 East 4th Place
> > >>Tulsa, OK 74104-3189
> > >>
> > >>918-631-3706 (office)
> > >>918-631-2194 (fax)
> > >>
> > >>[log in to unmask]
> > >>
> > >>
> > >>
> > >>To subscribe, change options, or unsubscribe, please see the
> instructions
> > >>at http://listlva.lib.va.us/archives/va-hist.html
> > >>
> > >>
> > >
> > >To subscribe, change options, or unsubscribe, please see the
instructions
> > >at http://listlva.lib.va.us/archives/va-hist.html
> > >
> > >
> > >
> >
> > --
> > Paul Finkelman
> > Chapman Distinguished Professor of Law
> > University of Tulsa College of Law
> > 3120 East 4th Place
> > Tulsa, OK 74104-3189
> >
> > 918-631-3706 (office)
> > 918-631-2194 (fax)
> >
> > [log in to unmask]
> >
> >
> >
> > To subscribe, change options, or unsubscribe, please see the
instructions
> > at http://listlva.lib.va.us/archives/va-hist.html
>
> To subscribe, change options, or unsubscribe, please see the instructions
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