Primary Resource

Colored Persons and Indians Defined (1930)

In "Colored persons and Indians defined," from the Code of Virginia (1930), the General Assembly provides legal definitions of "colored persons and Indians. This was one of three so-called racial integrity laws passed between 1924 and 1930 in Virginia.

Transcription from Original

§ 67. Colored persons and Indians defined.—Every person in whom there is ascertainable any negro blood shall be deemed and taken to be a colored person, and every person not a colored person having one-fourth or more of American Indian blood shall be deemed an American Indian; except that members of Indian tribes living on reservations allotted them by the Commonwealth of Virginia having one-fourth or more of Indian blood and less than one-sixteenth of negro blood shall be deemed tribal Indians so long as they are domiciled on said reservations. (Code 1887, § 49; 1910, p. 581; 1930, p. 97.

As the section read in the Code of 1887 persons having one-fourth or more negro blood were deemed colored, while under the Code of 1924 every person having one-sixteenth or more of negro blood was deemed colored. The amendment of 1930 also added the last proviso.

In McPherson v. Commonwealth, 28 Gratt. (69 Va.) 939, it was held that a woman whose father was white and whose mother's father was white, and whose great-grandmother was of brown complexion, was not a negro in the sense of this section as it was in 1877.

Cited in Moon v. Children's Home Soc., 112 Va. 737, 742 S. E. 707.

As to teaching mixed schools, see Va. Const. § 140.