The Negro Defined

The Negro Defined

The Yale Law Journal
Volume 20, Number 3 (January, 1911)
pages 224-225

In many of the states where a considerable portion of the population is colored, statutes define the term negro and establish his status where the same is considered, because of local conditions, as essentially different from that of Caucasians. Where legislatures have either negligently or intentionally left the terms “negro” and “colored” undefined, courts have faced difficulty in reaching exact decisions on the point of just what proportion of negro blood in a person of mixed racial descent will constitute him or her a “negro” or “colored.” The question is purely academic, and its settlement lies largely in the discretion of the court, in combining technical definitions of ethnological experts and accepted public opinion on the subject.

In the recent case of State of Louisiana v. Treadway, 52 So., 500, an exhaustive review of statutory and judicial law resulted in a divided court on the question in issue. Here the defendant, a male octoroon, was indicted, charged with having lived in concubinage with a female member of the Caucasian race. The statute governing the alleged offense made criminal, concubinage between members of the Caucasian race and members of the negro or black race.

The decision hinged on the question in issue: “Was an octoroon a member of the negro or black race?” The court decided, three to two, that the defendant, an octoroon, was not a negro within the meaning of the statute…

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